Brian Stanley (Laois, Sinn Fein) | Oireachtas source

The case of Kieran Monahan is an extraordinary one by any standards. As Deputy Fleming has outlined, he was murdered on 15 February 2012. I knew Kieran and I know his family. I know his parents, Jim and Mary. According to the post mortem on Kieran, he died as a result of a single stab wound. He had been to the dwelling where he was stabbed earlier in the night. He knew the people who were present in the dwelling, including the person who allegedly inflicted the fatal stab wound. A number of men were present at this dwelling. No one has ever been convicted in this case. In fact, no one has ever been charged or brought before a court for this murder.

It has been deemed that the case comes under the remit of the Criminal Law (Defence and the Dwelling) Act 2011, which had just been put on the Statute Book when Kieran died. We remember that legislation going through the House. Like the members of Kieran's family and their solicitor, as a local Deputy I am very concerned about this decision. The 2011 Act provides that someone can use force against another person if "he or she believes the other person has entered or is entering the dwelling as a trespasser for the purpose of committing a criminal act" and "the force used is only such as is reasonable in the circumstances" to protect himself or herself or his or her property or to prevent the commission of a crime. This defence was never tested in this case because it never reached court.

This person had a single stab wound to the heart. By any standards, stabbing an acquaintance would seem excessive and extreme, but this must be tested in court. This is not a court so I will not get into the detail. The murder was dealt with under the Criminal Law (Defence and the Dwelling) Act. This must be tested in court and the Monahan family is entitled to its day in court. Kieran Monahan deserves justice and so do Jim and Mary.

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