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Former soldier found guilty of murder after row outside Dublin chip shop

Donal Colgan will be given the mandatory life sentence after the court hears victim impact statements
Donal Colgan will be given the mandatory life sentence after the court hears victim impact statements

A former British Army soldier has been found guilty of murder after stabbing a man outside a Dublin chip shop three years ago.

Donal Colgan, 66, had denied murder but admitted manslaughter of 44-year-old David Sheridan on Dublin's North Strand Road in August 2014.

He claimed he was provoked by Mr Sheridan and another man and had been hit with a bag of beer cans during a row.

The trial heard Colgan had been drinking for most of the evening in a nearby pub and went to the chip shop on his way home. There was a verbal altercation and a scuffle as he left the chip shop. He then went home and got a knife, returning a short time later and stabbed David Sheridan a number of times.

Witnesses said he calmly walked away after the killing.

In a victim impact statement read to the court by gardaí, Mr Sheridan's son Jake Fay said he would never forgive Mr Colgan for what he did.

"He was my dad, he was the best," it read.

"I was 15 when he died, I carried his coffin. It is all a blur. He did not deserve what happened to him and I will never forgive Donal Colgan for what he put us through."

Defence lawyers urged the jury to return a verdict of manslaughter, saying Colgan was full of drink and on a lot of medication.

Senior Counsel Garnet Orange said his client had been assaulted, humiliated and slagged off by a group of youngsters.

He said there was a 40-second gap in the CCTV footage and the jury would have to consider if Mr Sheridan had moved towards him during this time and if he had something in his hand.

Mr Orange said Colgan was not in control of his mind at the time and that post mortem supported his assertion that it was "a wild attack, not a precision attack". 

However the prosecution said the defence of provocation required proof that a person had lost control of their mind and that an offence took place before there was time for passions to cool.

Senior Counsel Paul Burns said the accused had opportunities to walk away and did not take them. He said he had decided to go home and had chosen a large knife.

Mr Burns said this showed anger and resentment, not someone who was not in control of their own mind. Colgan was intent on going back to "teach people a lesson", he said.

Mr Burns said the CCTV footage showed Colgan as the aggressor. It also showed that Mr Sheridan did not have a bag of cans in his hand, he said.

After deliberating for more than six hours, the jury found him guilty of murder by unanimous verdict.

The mandatory life sentence will be imposed after the court hears victim impact statements.

In a victim impact statement read to the court by gardaí, David Sheridan's son Jake Fay said he would never forgive Donal Colgan for what he did.

"He was my Dad, he was the best." Although his parents had separated when he was three years old, he said his dad had always kept in contact and they enjoyed going to football matches together. 

"I was 15 when he died, I carried his coffin. It is all a blur," his statement read. It added: "He did not deserve what happened to him and I will never forgive Donal Colgan for what he put us through."

He said his father would be terribly missed by the whole family and "we love him".

The court was total Donal Colgan had two previous convictions for assault.

Mr Justice Tony Hunt imposed the mandatory life sentence. He said it was the same sentence for everyone convicted of murder even though "everyone is not the same".

However he said nothing had been done about mandatory life sentences so "people must be happy with it".

He said sending someone to prison was rarely enjoyable and it was not in this case. He said he had no doubt Colgan did not intend his night to end the way it did that night. "I've no doubt if the clock could be turned back everyone would wish it."

The judge also said the legislature "really needed to look at" changing the law which allowed the defence of provocation to be used in cases where an offensive weapon was brought to the scene.

The judge said it was clear from the evidence that David Sheridan was a nice man and a polite man and of all the people there that evening he was the least likely expected to have this happen to him.

Judge Hunt said it was an "appalling tragedy" for everyone especially Mr Sheridan's family.