'I should have reacted differently': Man jailed for three years for manslaughter

A 30-year-old heroin addict was jailed for three years for the manslaughter of a 45-year-old man in Cork city where he claimed that the deceased said: “I’ve had enough of you bums around the place”, when asked for a cigarette.

Judge Catherine Staines imposed a sentence of four years on David Sweeney with the last year suspended at Cork Circuit Criminal Court.

The judge also noted in the sentencing hearing that the deceased produced a knife during the verbal altercation before the fatal aspect of the incident.

Detective Garda Malcolm Walsh outlined what happened on Lower Glanmire Road near Kent railway station just after 9pm on November 4 2021.

Gardaí were dispatched to the area and found a man lying unconscious on the footpath. He was 45-year-old Mark Foley. He was taken to Cork University Hospital where he died a month later on December 5 2021.

An investigation pieced together what happened from CCTV and witness statements.

David Sweeney, who is a heroin addict, went to Lower Glanmire Road where he bought and consumed crack cocaine that evening. He went to ‘Your Local Shop’ at 102 Lower Glanmire Road and was given permission to charge his phone there as he was living in a tent on the grounds of St. Patrick’s Church at the time.

Mark Foley was living on Lower Glanmire Road and left his home to go to the shop. David Sweeney asked him for a cigarette and words were exchanged.

Defence senior counsel, Tom Creed, said the words from the deceased consisted of him saying: “I’ve had enough of you bums around the place.” 

Det Garda Walsh said: “David Sweeney came up behind him and punched him in the head. He gave him a number of punches and kicks to his body before he had a chance to get up from the ground. It is clear from CCTV that Mark Foley is disoriented and dazed and he places his left hand on a shutter of the shop.

“David Sweeney again approaches and punches him another blow to his face causing him to fall to the footpath. The back of his head took the full force of the fall to the footpath.” 

The defendant was identified and initially charged with assault causing harm and subsequently charged with manslaughter instead.

30-year-old David Sweeney of Mill House, Cork Simon Community, Anderson’s Quay Cork, pleaded guilty at Cork Circuit Criminal Court to the single count of unlawfully killing Mark Foley.

Mr Creed said that when the deceased was in the verbal altercation with the defendant he produced a Stanley knife and threatened David Sweeney he would cut his throat and that he had slashed at his girlfriend’s arm. Judge Catherine Staines was told that there was some ripping of the cloth of the arm of the jacket.

Mr Creed said of the accused: “He became incensed and struck what appears to have been the fatal blow – Mr Foley falls helplessly to the ground and bangs his head to the ground. The deceased had three times the alcohol limit for driving, which did not help the situation. He survived a month but did not come out of the coma.

“Mr Sweeney was under the influence of crack cocaine and is a heroin addict… He asked the shopkeeper to call an ambulance.” 

Mr Creed said the sacristan at the church where the accused had his tent knew him as a courteous gentleman and never had the slightest difficulty with him over several years.

The accused said in a letter: “I want to apologise to Mark’s family. I may have hit him through fear. I should have reacted differently… Mark and his family are always in my thoughts and my prayers. 

"I don’t expect them to forgive me but they really are in my thoughts and prayers.” 

The judge noted that there was no victim impact statement from the family of the deceased and that they were not present in court but she expressed her deepest sympathy to them on their loss.