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Gaskin brothers found guilty of Seamus Holland's manslaughter | Gaskin brothers found guilty of Seamus Holland's manslaughter |
(about 1 hour later) | |
Two west Belfast brothers have been acquitted of murdering their uncle but convicted of his manslaughter. | Two west Belfast brothers have been acquitted of murdering their uncle but convicted of his manslaughter. |
The jury at Belfast Crown Court found Daniel and Gerard Gaskin guilty of Seamus Holland's manslaughter, on the basis of provocation. | |
Gerard Gaskin was found guilty by reason of diminished responsibility. | Gerard Gaskin was found guilty by reason of diminished responsibility. |
The brothers, from Gortnamona Way, attacked Mr Holland in revenge for alleged sexual abuse he subjected their mother to when she was a child. | The brothers, from Gortnamona Way, attacked Mr Holland in revenge for alleged sexual abuse he subjected their mother to when she was a child. |
Both defendants had always admitted attacking their uncle at Upton Court in the early hours of 21 November 2010. | Both defendants had always admitted attacking their uncle at Upton Court in the early hours of 21 November 2010. |
However, they claimed they had not intended to kill Mr Holland or cause serious injury when he was kicked, punched and beaten with an iron bar. | However, they claimed they had not intended to kill Mr Holland or cause serious injury when he was kicked, punched and beaten with an iron bar. |
He died in hospital later that day, after suffering a heart attack. | He died in hospital later that day, after suffering a heart attack. |
During their trial, the court heard the pair assaulted their uncle over claims he had abused their mother - Mr Holland's younger sister - when she was a child of around five or six-years-old and he only two years older. | During their trial, the court heard the pair assaulted their uncle over claims he had abused their mother - Mr Holland's younger sister - when she was a child of around five or six-years-old and he only two years older. |
'Primary cause' | 'Primary cause' |
The prosecution had argued the "savage" beating Mr Holland received had caused his death and that the brothers had intended to cause him really serious harm. | The prosecution had argued the "savage" beating Mr Holland received had caused his death and that the brothers had intended to cause him really serious harm. |
The jury was told a total of 19 ribs were broken, in addition to fractures to the victim's nose, arm, left shoulder blade and leg. | The jury was told a total of 19 ribs were broken, in addition to fractures to the victim's nose, arm, left shoulder blade and leg. |
The 55-year-old had sustained significant bruising, extending deep into the muscle and tissues of his body. | The 55-year-old had sustained significant bruising, extending deep into the muscle and tissues of his body. |
An assistant state pathologist said while it was his view was that the assault and the injuries were the "primary cause of death", Mr Holland's severe heart condition was a "contributory factor". | An assistant state pathologist said while it was his view was that the assault and the injuries were the "primary cause of death", Mr Holland's severe heart condition was a "contributory factor". |
Both Gaskin brothers admitted beating their uncle but claimed they never intended to kill him. | Both Gaskin brothers admitted beating their uncle but claimed they never intended to kill him. |
'Personality disorder' | 'Personality disorder' |
Daniel Gaskin, 22, told the jury: "I played a part yeah (in the death) but I didn't think anybody was going to die", although he conceded he had "hatred" for the man who had allegedly abused his mother. | Daniel Gaskin, 22, told the jury: "I played a part yeah (in the death) but I didn't think anybody was going to die", although he conceded he had "hatred" for the man who had allegedly abused his mother. |
The court heard 31-year-old Gerard Gaskin suffered a "personality disorder and abnormality of mind that substantially impaired his mental responsibility" for attacking his uncle. | The court heard 31-year-old Gerard Gaskin suffered a "personality disorder and abnormality of mind that substantially impaired his mental responsibility" for attacking his uncle. |
While the brothers remained impassive in the dock as the verdicts were announced, relatives of Mr Holland wept quietly in the public gallery. | While the brothers remained impassive in the dock as the verdicts were announced, relatives of Mr Holland wept quietly in the public gallery. |
The judge adjourned passing sentence until September when both pre-sentence probation reports and victim impact statements have been filed with the court. | The judge adjourned passing sentence until September when both pre-sentence probation reports and victim impact statements have been filed with the court. |
After hearing how Daniel Gaskin and Gerard Gaskin have spent between two and three years in jail while awaiting trial, he released them both on continuing bail. | After hearing how Daniel Gaskin and Gerard Gaskin have spent between two and three years in jail while awaiting trial, he released them both on continuing bail. |
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