Man pleads guilty to manslaughter of his mother's partner in Cork six years ago

The 43-year-old man accused of murdering his late mother’s 51-year-old partner in Skibbereen almost six years ago confessed to manslaughter today (July 13).

Andrew Nash, with an address in Thurles, Co Tipperary, made this admission in the trial by judge and jury where he denied the single charge of murdering Jonathan (John) Ustic, 51, in Skibbereen in September 2017.

The jury of seven men and five women returned for the resumption of the trial at the Central Criminal Court sitting in Cork. However, as they waited for the first witness of the day to be called – in the trial that commenced on July 10 – prosecution senior counsel Seán Gillane asked Mr Justice Michael McGrath if the accused could be re-arraigned on the same count.

Andrew Nash was asked again how he pleaded now to the charge that he did murder Mr Ustic on September 24/25 2017 at High Street, Skibbereen, County Cork. He replied: “Not guilty to murder, guilty to manslaughter.” 

Mr Gillane SC then said: “That plea is acceptable to the state.” 

On the opening day of the trial, Andrew Nash had simply replied “not guilty” to the murder charge but with no admission to anything else.

Mr Justice McGrath said that as a result of this change the jury was no longer required. He thanked them for their service and excused them from jury service for five years.

Mr Justice McGrath remanded Nash in custody until July 14 when victim impact evidence and evidence of the defendant’s background will be given, as well as details of the circumstances that gave rise to the prosecution.

Background 

On the opening day of the case, Mr Gillane said a sofa was lifted and brought down repeatedly on the head of the victim lying defenceless or Ustic when he was defenceless on the floor of a house in Skibbereen.

The late Mr Ustic was living at the house on High Street in Skibbereen with his long term partner, Suzanne Fenton, who has since died. She was also the mother of the accused man, Andrew Nash.

The accused had been in the company of Thomas Fitchett and his partner, Nicola Colgan, on Saturday September 23, 2017 having been at a show in Cork Opera House, and Mr Nash stayed at their home in Ballinhassig that night.

On Sunday, the accused received a phone call from his mother and he asked Mr Fitchett and Ms Colgan to take him to Skibbereen and they arrived in the town at around 5pm and went to the house on High Street.

“Mr Ustic was upstairs. The accused went upstairs and struck him a number of blows causing him injury to his cheek. Both of them reappeared downstairs and things settled down at that stage,” Mr Gillane said.

The parties in the house left sometime after that, looked at a camper van in the town that was of interest to them, got some food and drink and drove to Lough Hyne near Baltimore for a while. They returned to High Street at 7.40pm, the late Mr Ustic having consumed a lot of alcohol.

“Mr Ustic was pulled violently out of the car, hitting his head off the ground in the carpark area, as a result of which he suffered an injury… (and was left) prone in the carpark on the ground. Passers-by were themselves concerned about his state,” Mr Gillane said, adding that Mr Nash and Mr Fitchett carried him under the armpits to the house, his feet dragging on the ground at a time when Mr Ustic was ‘insensible’.

Mr Gillane outlined further details of what allegedly happened in the house after that.

“Mr Nash attacked Mr Ustic when he was on the ground. He stamped on his face, slicing his ear with a broken bottle. 

"He was literally defenseless. 

"He (the defendant) lifted a sofa he (Mr Ustic) was lying next to and he brought it down repeatedly on the head and chest area of Mr Ustic,” Mr Gillane said.