The Court of Criminal Appeal yesterday refused to grant bail to a Co Limerick father pending his appeal against a year's imprisonment for the manslaughter of his only son.
Gerry Connell (54), Clyduff West, Lisnagry, received a four-year sentence at the Central Criminal Court last month for the shooting of his son Barry (25), at the family home on June 9th, 1999.
The trial judge suspended three years of the sentence, and Connell began his one-year term last Friday.
When sentencing Connell, Mr Justice McKechnie said the incident was "an absolute tragedy for the Connell family" and he had "nothing but sympathy" for all involved.
Suspending the additional three years, he said he was taking into account several factors, including Connell's "genuine remorse".
He added he was convinced that had there been no shotgun in the house,, Barry Connell would not have been killed.
The jury heard he had been diagnosed as suffering from acute manic psychosis. A month before the shooting, his father had signed him into a psychiatric unit but he was back home within days.
Yesterday Mr Greg Bowman, for Connell, applied for bail pending the outcome of his appeal against the sentence.
The DPP opposed the application for bail.
Mr Bowman accepted the sentence was "extremely lenient" but said there were strong mitigating factors and the prosecution had been unable to call anyone who had a bad word to say about his client.
He had three daughters, who lived at home, and there wasn't a shred of evidence that he was of violent character.
Connell's wife has died from cancer shortly before the shooting, he said. There was a history of difficulties with Barry which seemed to have exacerbated Mrs Connell's condition and Connell had to live with the knowledge he had taken the life of his only son, counsel added.
Mr Justice Hardiman, presiding, with Mr Justice Lavan and Mr Justice ╙ Caoimh, said the court would refuse the application on the basis there was "no foundation" for it.
If there was an overnight transcript in the case, the appeal would be heard promptly, he added.
