BROTHER KILLER JAILED FOR 41/2YRS; Drink is 'no defence' but judge takes account of mum's plea for leniency.

Byline: BY GARY ANDERSON 

A MAN who knifed his brother to death after a two-day booze and drugs binge was jailed for four and a half years yesterday.

Derek McGrath bowed his head as Judge Paul Carney said he had to be punished for downing huge quantities of alcohol, cocaine and valium before fighting with younger brother Anthony.

The killer's mother had begged the judge not to deprive her of a second son by imposing a long sentence.

With automatic remission of 25 per cent, the term imposed means father-ofthree McGrath, 37, could be free in just over three years.

Judge Carney said he had seen a series of tragic cases of fratricide where one brother had killed another in an alcoholfuelled rage.

He told Dublin's Central Criminal Court: "This is the fourth case of fratricide which I've had within a short space of time.

"These cases tend to arise from an alcohol-fuelled row between loving members of a family.

"These cases are particularly difficult both for the accused and for the family concerned.

"In this case the family, who are also the victims, asked me to consider a moderate sentence on the basis of having lost one son, they do not want to lose another to a long prison sentence.

"I have to balance that consideration against the ruling of the Chief Justice that not only does voluntary consumption of alcohol and drugs afford no defence but also affords no mitigating factors against responsibilities in society."

The court had heard how Anthony McGrath, 23, had invited Derek and a pal Joe Larkin to his home in Blanchard-stown, North Dublin, after a family christening.

All three men were drunk and Derek, from Fortlawn Park, Blanchardstown, later admitted he had been downing beer and drugs for two days.

After a vicious row in the house Anthony got a hatchet from his van and tried to strike his brother - but he instead hit Mr Larkin on the forehead.

As Anthony and Mr Larkin struggled in the front garden, Derek armed himself with two kitchen knives.

When the two brothers fought again moments later Anthony was knifed once in the neck and collapsed in a pool of blood at the front of the house.

When gardai arrived at the scene, Derek was crouched over his dying brother's body, screaming, "God, let him live".

He admitted what he had done to gardai at the scene of the killing on October 29, 2006.

McGrath was originally charged with murder but pleaded guilty to manslaughter earlier this year.

McGrath wept in court on Monday as appeals for leniency from his mother, surviving brother and girlfriend were read.

His mother Rita said: "I know what he did was wrong but I know he never meant to hurt him.

"I'm in so much pain but a long sentence won't help because I'll feel like I'm losing two sons."

Unemployed McGrath's girlfriend Rhonda pleaded with the judge not to deprive the couple's children - a daughter, 17, and sons aged 12 and seven - of their father.

McGrath's lawyer Diarmuid McGuinness told the court: "He feels the life he has been in for almost two years is worse than being in prison - he will suffer distress that will never go away."

McGrath's mother and partner stayed away from court yesterday, but friends spoke with him before he was led away in handcuffs to start his sentence.

These cases tend to arise from alcohol-fuelled rows between loving members of a family

JUDGE PAUL CARNEY

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CUFFED Derek McGrath is led off to jail yesterday Picture: COLLINS