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Alan Smith sentenced for 2009 Mountjoy killing

Alan Smith admitted hitting David Byrne with a sock containing batteries
Alan Smith admitted hitting David Byrne with a sock containing batteries

A 34-year-old man has been jailed for five years for killing another inmate in Mountjoy Prison two-and-a-half years ago.

Alan Smith, from Ballybough House, in Dublin admitted he hit David Byrne over the head with a sock containing two batteries in June 2009.

The 29-year-old died three weeks later in hospital.

At the Central Criminal Court today, Mr Justice Paul Carney said matters might have turned out differently if Byrne had not rejected medical attention.

Smith is already serving six-and-a-half years at the Dublin prison for drugs offences.

Byrne was talking to a prison officer at 7pm on 9 June 2009 when Smith came up and hit him on the head with a sock containing two batteries.

Byrne was taken to hospital, discharged himself, but subsequently fell into a coma and died 25 days later.

Smith said he attacked Byrne because he had taken a remote control, an accusation that Byrne denied.

Passing sentence Mr Justice Carney said he considered the calculated creation of the weapon, the disproportionate response and the impact on the Byrne family.

However, he also took into account Smith's remorse. He sentenced him to eight years in prison but suspended the last three.

The Byrne family afterwards described the sentence as disgraceful.