'We will always love you,' says family of Frankie Dunne as his murderer receives life sentence
Mr Justice McDermott acknowledged the difficulties of Frankie Dunne’s (pictured) life in terms of alcohol dependence but he said that what came through from his very supportive family was what a warm person he was. The judge referred to the deep engagement the deceased had with his family as well as with the Simon Community and homeless services in Cork city.
A life sentence was handed down today to a 31-year-old Romanian man for murdering a 64-year-old Cork man whose decapitated remains were found in a garden on Boreenmanna Road at Christmas 2019.
The defence indicated today that the accused man “accepted the finality of the jury verdict” and would not appeal the case. However, the sentencing judge noted that the murderer never gave an explanation for his crime and never expressed remorse for it.
All of the evidence was given at the sentencing hearing immediately following the unanimous decision of the eight women and four men of the jury to convict him last month. However, the formal imposition of the mandatory life sentence was adjourned until today.
Mr Justice Paul McDermott has now imposed that sentence on Ionut Cosmin Nicholescu, 31, with an address at Branistea Village, Damovita County, Romania, on the count that on a date unknown between December 27 and December 28 2019, he murdered Francis (Frankie) Dunne at Castlegreine House, Boreenamanna Road, Cork, contrary to Common Law.
Mr Justice McDermott acknowledged the difficulties of Frankie Dunne’s life in terms of alcohol dependence but he said that what came through from his very supportive family was what a warm person he was. The judge referred to the deep engagement the deceased had with his family as well as with the Simon Community and homeless services in Cork city.
“Any trial of this kind focuses on legal and factual descriptions, probably more so in this case, given the gruesome facts. We are re-focusing now on Francis Dunne, to recognise him, not only as a victim of a horrible crime but what he meant to his family and friends.
“We now know that Francis Dunne’s murder consisted of being bludgeoned with a bottle and strangled. His body was then shockingly disrespected and dismembered. He (Nicholescu) has yet to express remorse for his crime or give any explanation for what he has done. I extend my sympathy to the family for their loss.”
Outside the Central Criminal Court at Anglesea Street, Cork, the family then spoke through the deceased man’s niece, Rosaleen Herlihy. Surrounded by family, she said:
“Frankie was a father, grandfather, brother, uncle, nephew and friend to many. He lost a lot in his life due to alcohol dependence. The one thing he never lost was his family’s love and support.
“He had another family that he loved – his friends living in homeless shelters or on the streets of Cork. They were their own community – one without their own front door or sometimes even a mattress to lay down on, out of the cold.
“As Frankie’s family, who miss him every day we hope that no one else has to suffer the horrendous nightmare of what Frankie endured in the final hours of his life.
“We went to convey a special thanks to all of the legal team involved, the jury for their meticulous attention throughout the trial. We want to thank the garda investigation team and in particular Detective Garda Sharon Sweeney, and Margaret Lucey from Support After Homicide.
“We also want to thank our mother, Joan, for her endless love and support. We will always love you, Frankie.”
The jury took 6 hours and 52 minutes of deliberations over two days at the courthouse on Anglesea Street where the Central Criminal Court murder trial was at hearing for 14 days until it ended on March 31.
There were emotional scenes on the day as the family of the deceased burst into tears once the verdict was announced..
The young Romanian who was working as a chef at the Silver Key pub restaurant returned to his squat at the derelict house after 8 p.m. that Friday night, December 27 2019. Mr Dunne went there to drink as the sheltered accommodation at Clanmornin House across the road where he lived did not permit alcohol. While two men walked into the garden that night, only Nicholescu left.
The remains of the deceased were decapitated and the arms amputated in the garden. Prosecution senior counsel Ray Boland said it was the prosecution view that this was work in progress for the disposal of the remains.
Gardaí were first alerted to a body located in the garden as early as the following afternoon when – by sheer coincidence - a neighbour went searching for a missing cat named ‘Mouse’ and made the grim discovery of human remains.
This sparked the beginning of a major investigation.
Detective Sergeant Katrine Tansley said in a summary of the evidence for the sentencing that the pathologist found that cause of death was neck compression associated with blunt force trauma to the head.
Papers were found in the bedroom used by the accused that identified a former boyfriend. Gardaí were looking to talk to Nicholescu three days after the crime but he was on his way to Bucharest. Phone calls between Chief Superintendent Vincent O’Sullivan and the accused were recorded and played to the jury. They included these comments from the accused: “Somebody was in behind me holding a big sword like a machete. He said to me to shut the f*** up… I said I don’t want to die. I said don’t hit me with the sword.
“I saw the guy when I looked on the ground. It was another guy with no pants. I saw some top clothes but no pants. They asked me to drag the body to that door and up behind there. They cut the body - the guy with the knife. The other guy with the machete was behind me. They told me to put the parts in a black bag and to throw them in the bush. It is a big bush. I go there.
"They give me the head… “They said f*** him in the bush – that means push him in the bush. I went into the bush… I don’t want to go to prison because of this. I would rather die under the f***ing rock. I did not kill the guy..”
By arrangement, a further statement was made by the accused in Bucharest, in the presence of Romanian police, a lawyer and members of an Garda Síochána.
The prosecution put it to the jury that the two men described by the accused as compelling him to dispose of the body did not exist and were phantoms.
Prosecution senior counsel Ray Boland submitted to the jury that the accused man murdered Mr Dunne by first striking him with a glass bottle and then strangling him.
Philipp Rahn, senior counsel for the defence said to the jurors, “You have lots and lots of material out of the garda investigation but you cannot be satisfied that there are no relevant questions unanswered. There has to be a reasonable doubt.
Margaret Lucey from Support for Victims After Crime read the victim impact statement on behalf of the three children, four grandchildren, four sisters and one brother of the late Frankie Dunne.
“His grandchildren will never get a chance to build a loving relationship with their grandfather.
“Our dad never lost the love or support of our mother Joan who always loved him. We are grateful to our cousin Johnny for making sure (Frankie) always attended the trad sessions every week.
“The court warned us of the graphic details that would be outlined in the trial. This, we know, was necessary. But we have to live with this imagery for the rest of our lives. Some of the family are hugely affected by the evidence.
“He was murdered, mutilated, left abandoned. The humour being used by the offender was very insulting, disturbing and sickening. We hope that no family has to suffer what our family endured.
"While he succumbed to a life of alcohol dependency, he never lost the love of his family. Our Dad never lost our love or support at any time during his addiction."
The Dunne family paid tribute to the meticulous investigation of the gardaí and also thanked Det. Sgt. Katrine Tansley, Sgt Alan McCarthy, Detective Supt. Michael Comyns and Chief Supt. Vincent O’Sullivan.
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