copy by John Cassidy
A Co Cavan man who stabbed a 'Good Samaritan' 28 times and battered her to death with kitchen pans was today (Friday) for jailed for ten years.
Handing down the indeterminate tariff for "retribution and deterrence'', judge Mr Justice Colton told Joseph Dolan that he was imposing the sentence as he believed he posed a danger to the public in the future for the "brutal, violent and unjustifiable killing'' of Pauline Kilkenny.
The senior judge said that when Dolan eventually became eligible for parole, the Parole Commissioners should consider all medical and psychiatric reports compiled on the defendant before he is released.
"Given the contents of the medical evidence I have received any consideration of your release will requre the most intense scrutiny,'' said Mr Justice Colton.
Dungannon Crown Court, sitting in Belfast, was previously told that the body of "vulnerable'' Pauline Kilkenny lay undiscovered for almost a week after Joseph Dolan repeatedly stabbed her to the neck, face, back and chest.
Dolan (29), formerly of Cavan Town, had originally been charged with the murder of Ms Kilkenny whose body was found in November 2018 at her isolated three-bedroom bungalow on the Cornacully Road in Belcoo, Co Fermanagh.
(29-year-old Joseph Dolan)
But that charge was withdrawn following medical reports which assessed that he was suffering from a personality disorder at the time. Dolan later pleaded guilty to the manslaughter of the 59-year-old by way of diminished responsibilty.
Dolan also admitted stealing Ms Kilkenny's car and perverting the course of justice by falsely implicating his former girlfriend in the horrific murder.
Senior prosecution counsel Ciaran Murphy QC said that Ms Kilkenny had been living in Belcoo for a number of years after returning from London and worked at Lilly's Centra in Enniskillen. On November 7, 2018, she decided to take a few days off and was due to start back a few days later.
But when Ms Kilkenny did not show up for work a colleague alerted family members and two of Ms Kilkenny's sisters went to her isolated bungalow on November 13, 2018.
Ms Kilkenny was found lying under a window, face down in a pool of blood, with blood coming from the back of her head and skull.
Police attended and as her body was cold to touch, police believed she had been "dead for some time''.
The PSNI were on the look out for Ms Kilkenny's Fiat Punto car and when it was spotted later that afternoon, an officer drew his firearm and stopped the vehicle, arresting Dolan for Ms Kilkenny's murder.
Dolan's ex-girlfriend told police that on November 7, 2018, he came to her home and she noticed he had cash in ten and 20 pound notes along with a Santander bank card in the name of 'P Kilkenny'.
A post mortem examination revealed Ms Kilkenny sustained 28 stab wounds to the neck, face, back, chest and right arm along with four blunt force trauma injuries to the head after Dolan had battered her with kitchen pans.
The senior prosecutor said it was a "vicious, unprovoked attack on an innocent, vulnerable victim" and that she had been stabbed "when she was either dead or close to death''.
(Forensics at the scene of Pauline Kilkenny's home on the Cornacully Road in Belcoo, Co Fermanagh. Photo - Alan Lewis, Photopress)
Dolan had 36 previous convictions, 34 in the Republic of Ireland, including violent disorder. In 2013, he was sentenced to three years for robbery and for beating a Drogheda pensioner and stabbing a taxi driver.
Defence counsel Jim Gallaher QC said that when he was admitted to Maghaberry prison Dolan told the jail's mental health team that Ms Kilkenny had been "like a mother to him.''
Mr Justice Colton said today (Friday) that Ms Kilkenny had been "subjected to a blunt force assault, leading to scalp lacerations and a skull fracture. She was stabbed 28 times which resulted in significant injuries to her neck which had caused copious haemorrhage at the scene.''
The judge referred to numerous victim impact statements he had read from friends and members of Ms Kilkenny's "devastatd''family.
"Those detailed and carefully crafted statements eloquently convey the devastation that Pauline's death has caused,'' said Mr Justice Colton.
"What emerges from the statement is a family member who was greatly loved and who had a special place in the hearts and minds of her many relatives.
"She made a positive impact on all of those who have taken the trouble to prepare their victim impact statements. It was clear she was a kind person.
"Indeed, it was this very kindness that led to your involvment with Ms Kilkenny. She took you in at a time when you were desolate and homeless. She looked after you, provided a home for you and provided much needed stability in your life.
"It is one of the greatest tragedies of her death that it was her kindness and desire to help people that brought her into contact with you.''
One niece wrote that Ms Kilkenny was "the epitome of light...she would brighten up faces, rooms and lives. Nothing will take away the pain of this loss. I tell my stories to the sky now when I visit her grave.''
(Pauline Kilkenny family outside court in Belfast. Photo Alan Lewis - Photopress)
Determine that Dolan posed a significant risk of serious harm in the future, Mr Justice Colton referred to a joint statement from two consultant psychiatrists who stated that unless Dolan's personality disorder was "treated or effectively managed, he will remain dangerous.''
The judge said the killing of Ms Kilkenny was a "shocking offence'' and Dolan had not "demonstrated any real remorse for your actions''.
He added: "Indeed, a chilling feature of this case is your apparent emotional indifference to the plight of your victim or her family during the course of police, probation and medical interviews.''
Following the sentencing hearing today (Friday), Ciaran McQuillan, Assistant Director and head of the PPS Serious Crime Unit, said: “Firsly I want to pay tribute to Pauline Kilkenny’s family including her sisters who have shown remarkable dignity since her death in November 2018 and throughout the trial process.
“Pauline was a good Samaritan who had given Joseph Dolan a home. Her kindness makes the brutal attack he subjected her to all the more shocking.
“The PPS Serious Crime Unit worked closely with police and our team of Counsel to prepare a robust prosecution case, which resulted in Dolan pleading guilty to manslaughter on the grounds of diminished responsibility.
“Pauline is sorely missed by her family, friends and the wider community. We appreciate that even though Dolan has been convicted and sentenced, the loss they feel will endure and our thoughts are with them.”