Solicitor for Wayne O'Donoghue, who was jailed yesterday for the manslaughter of eleven-year-old Robert Holohan, today said allegations relating to semen found on his victim's body had "damaged" his client.
During the the sentencing hearing Robert Holohan's mother Majella said semen had been found on her son's body and questioend why her son was in O'Donoghue's bedroom at 7.30am on December 29th, 2004, when he was supposed to be at a sleep-over elsewhere.
Speaking on RTÉ radio this afternoon defence solicitor Frank Buttimer said that some of the material Mrs Holohan presented to the court was extraneous to the trial.
Mrs Holohan made further allegations against Mr O'Donoghue outside the court some of which was reported in elements of the media today.
"My position is that all of the issues bar one were matters that were considered by the trial and by the jury; one issue, which was the forensic issue, was not considered because it was not evidential to the case. If it had been I can absolutely assure you that the office of the DPP would have included it as a part of the evidence going before the jury," Mr Buttimer said.
While his appearance on radio was unusual because the case was finished, he was defending Wayne O'Donoghue because "he can't speak for himself", Mr Buttimer added.
"To be labelled as he is being labelled it utterly and absolutely unfair, it is not based on any fact. It is speculation" Mr Buttimer said adding, "I understand the emotional aspect of these things but I do feel, that he has been very, very seriously damaged".
Mr Buttimer said that the gardaí and the prosecution are in a difficult position due to the 42-day time constraint within which to present the book of evidence.
He said that sometimes things may appear to be evidential and merit inclusion in the book of evidence but later with further analysis prove to be entirely removed from the equation.
Mr Buttimer said he didn't have to account for semen on the victim's body because "it is not evidentially in any way connected with the accused Wayne O'Donoghue".
On the suggestion that Robert Holohan was in O'Donoghue's bedroom at 7.30am on December 29th, 2004, Mr Buttimer said that the fact of the matter is he wasn't.
"It is a matter of fact established by the prosecution and supplied to the defense that could not have happened because...Robert had not bought the telephone until four-and-a-half hours afterwards," he said.
