A 33-year old Belfast man who caused the “senseless” death of a father-of-three during a fatal drunken fight in an alley way was handed a six year sentence.
John Edward Hugh Holmes, from Egeria Street, was out celebrating his birthday when he became embroiled in a fight with Stanley McAuley in the early hours of April 14 last year. Mr McAuley (41) died as a result of blunt force trauma to the head following the violent confrontation with Holmes, which occcurred in an alleyway off Chamberlain Street in the east of the city.
Holmes, a father of one, will serve three years in prison and will spend a further three years on supervised licence when he is released from custody.
Branding Mr McAuley’s death as “senseless”, Mr Justice Weir told Holmes that while he accepted Mr McAuley had instigated the confrontation and that the first blows Holmes issued were defensive, his actions “went significantly beyond anything justified by self-defence.”
Mr Justice Weir told a packed Belfast Crown Court that in today’s modern times, there didn’t seem to be such a thing as a “fair fight” anymore, but instead people were attacked until they were rendered unconsicious which could result in a permanent disability or death. These “pointless deaths”, the judge said, “blight the lives of many who are affected by them.”
The judge also acknowledged the profound effect Mr McAuley’s death has had on his family circle.
Holmes and Mr McAuley had both been drinking in the East Belfast Working Man’s Club on the evening of April 13 last year, with various witnesses describing “tension” between them. CCTV footage from the club also confirmed that Mr McAuley approached Holmes more than once in an antagonistic manner inside the premises.
In the early hours of April 14, Holmes left the club and was walking along Chamberlain Street followed by Mr McAuley. A fight then broke out between the two men who were both described by Mr Justice Weir as “highly intoxicated.”
Witnesses to the fight reported seeing Mr McAuley being attacked by Holmes as he lay on the ground, and while there was no clearly established evidence to indicate Holmes kicked the other man, Mr McAuley sustained multiple injuries to his face, head, chest, abdomen and limbs. His death was attibuted to a blunt force trauma to the head, in association with alcohol intoxication and obesity.
The Judge told the court: “This was by no means a one-punch case . . . as the number of multiple injuries found by the pathologist on the body of the deceased indicated a sustained attack.”
The court also heard that Holmes left his victim lying on the ground and struggling for breath. A taxi driver who witnessed part of the fight rushed to the fatally injured man’s aid, and despite administering CPR, when the emergency services arrived Mr McAuley was displaying no signs of life.
Holmes presented himself to Strandtown PSNI station in the hours following the fight, and when he was interviewed the next day, he said he had acted in self defence, and also expressed remorse for the death. He subsequently pleaded guilty to a charge of manslaugher.
In addition to the three year prison sentence, Holmes was handed an additional three-month sentence after Mr Justice Weir activiated a suspended sentence imposed at Belfast Magistrate’s Court just one month before the fatal fight last April. This sentence was handed down for an assault carried out by Holmes in a fast food restaurant.
Two other people were also charged in connection with the death of Mr McAuley. Alan John Victor Wilton (49) from Lord Street was charged with perverting the course of justice, namely concealing or disposing of clothing worn by Chanel Wilton at the time of Mr McAuley's death.
His 22-year-old daughter, from Dunraven Court in Belfast, admitted aiding and abetting an act with intent to pervert the course of justice — namely aiding and abetting the commission of the offence committed by her father who concealed or disposed of her clothes.
The court heard that Chanel Wilton was also present in the working man’s club on the evening in question, and after leaving with a friend, she saw the fight between Holmes and McAuley in the alleyway. She saw Holmes attacking the other man as he lay on the ground, intervened and tried to stop the incident without success and sustained minor injuries and blood-stained clothing in the process.
After going to her father’s house, Alan Wilton he told his daughter to remove what she was wearing. He substituted these blood-stained garments with other items of Chanel’s clothing, which he then placed in a plastic bag and left under a bush. The items were subsequently recovered by police, but it was quickly established that these were not the clothes Chanel had been wearing.
Alan Wilton went on holiday that same day, and when he was contacted by police, he told the officer “you think you are a big man. I will see you when I get home.”
Wilton’s actions were blasted as “arrogant” by Mr Justice Weir — who told him that instead of acting as a responsible parent, he instead tried to obstruct the police investigation. His actions, the Judge said, resulted in his daughter being brought before the court. He was told by the Judge: “I hope you will come to see the harm you have caused to her by your high-handed and arrogant behaviour.”
Wilton – who is active in a local boxing club which promotes cross-community work – was handed a nine-month prison sentence.
His daughter Chanel has appeared at previous court hearings, but was excused from attending as she is in hospital. Accepting that her mental health “is not strong” and that prison would have a harmful effect on her, Mr Justice Weir gave her a 12-month conditional discharge.