Thursday, February 12, 2009

Murder, how shocking.

"McGovern told gardai that he was shocked that he had pulled a knife on somebody and had only taken out the knife to scare Michael Doherty and didn't mean to make contact."
Yep, shocked. That's the line that struck me the most in this case.


Forethought and malice are factors to murder and murder is often defined as "to kill intentionally and with premeditation"
So, bearing that in mind, how is it even possible that John McGovern was able to skate on a manslaughter charge? Because he says he was 'shocked' to find a knife in his hand? 'Shocked' he swung it and stabbed his victim? 'Shocked' he gloated over his victim's death later? Lucky he wasn't carrying a samurai sword eh? Then he'd be super shocked, and probably in big trouble to boot.
John McGovern insulted his victim, goaded him into fight, then when bested in the fight by Michael Doherty, a young man no stranger to boxing, he pulled a knife on him and despite being held back he managed to land a fatal blow, killing the 14 year old.
Must have been the most shocking night of his life.
How is that not murder? No really, what did he think might happen when he struck the boy with a dangerous weapon?
'He was a knacker, he deserved it.'
Wow, I wonder was he in 'shock' when he said that?
"Mr Gageby said that there was no intent by McGovern to kill or even cause serious harm when he swung out with the knife."

Hard to prove intent- I get it. So what was the intention of this youth? He starts a fight with a 'knacker', is furious to shown up by a younger boy and then -despite being held back- manages to kill him using an offensive weapon. What was his intention I wonder?
I'm guessing it the outcome wasn't too far off what he had in mind, but then I'm not the law and I obviously don't understand 'shock' as well as some. See, in my stupid head I reckon any hot head pulling a knife has to factor in the likelihood of fatality, but there you go. I'm silly like that.

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16 Comments:

Anonymous Green Ink said...

Garda's son, FMC. That's how it's not murder.

11:06 a.m.  
Blogger fatmammycat said...

Sickening, 14 kid goes to get a bag of chips winds up dead. Just fucked up on so many levels.

11:07 a.m.  
Anonymous Green Ink said...

I'll make a prediction: this cocksure little prick will turn up in the news again. He'll have such a belief in his own invunerability he won't be able to help himself.

11:24 a.m.  
Blogger morgor said...

What kind of 17 year old gets into a "fight" with a 14 year old though?

Sounds like the young fella was no stranger to being picked on and had learned how to fight, shame the bully couldn't take that on the chin.

I guess he knew he'd squirm out of it.

11:30 a.m.  
Blogger Conan Drumm said...

Hmm, 1) how come he was carrying a knife on his person?
2) how come he was able to take it from his pocket and extend the blade, while being held back?
3) how come he was able to do 1 & 2 without intending to do so?

Was he on trial for murder or manslaughter?

11:34 a.m.  
Blogger fatmammycat said...

That's a very good point Conan, my experience of Swiss Army Knives is that they don't just snap open and usually involve a fair amount of fumbling about. Unless he carried it open.

11:51 a.m.  
Blogger Twenty Major said...

I'll make a prediction: this cocksure little prick will turn up in the news again. He'll have such a belief in his own invunerability he won't be able to help himself.


Like one of those Annabels cunts in the news last week. Prick.

12:20 p.m.  
Blogger fatmammycat said...

Exactly, at the risk of sounding like and old fogey ( I know) There are a whole lot of entitled upstarts clogging up the courts these days ( along with the usual sorts).

12:54 p.m.  
Blogger Conan Drumm said...

Twenty, I missed that... what was the reference?

4:41 p.m.  
Blogger Twenty Major said...

I can't remember where I saw it Conan, but one of the guys who was part of that whole kicking the lad to death outside Annabels thing was arrested for drunken disorderly generally being a cunt late at night (I think it was last week sometime).

He may, possibly, have assaulted/abused a Garda. Can't remember the details.

5:57 p.m.  
Blogger Twenty Major said...

Found it here.

Not hugely serious but you wouldn't want to give any of them the benefit of the doubt.

5:59 p.m.  
Blogger Conan Drumm said...

The way I heard it there was a major conspiracy, involving parents, to prevent the truth coming out in that case. Not that the deceased was an angel but he didn't deserve to be kicked to death while watched by a crowd of onlookers who couldn't remember anything and/or got an assisted passage out of the country til the heat blew over.

7:40 p.m.  
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