Man facing sentencing on ‘one-punch’ Newcastle death

Man facing sentencing on ‘one-punch’ Newcastle death

22 January 2020

A MAN who admitted causing the death of a vulnerable Newcastle man in a “one-punch” incident will be sentenced for manslaughter next Tuesday.

During a hearing at Belfast Crown Court last Friday into the death of Padraig Fox in December 8, 2018, it emerged that Donach Rice slashed his arm with a machete in a bid to create a “self-defence scenario” and wrongly blame the dead man.

Rice (22), a father of two from Kilkeel Street in Annalong, but who has also lived in Newcastle and Downpatrick, initially lied to police about how Mr Fox died.

He later admitted punching the 29-year-old in the face, which caused him to fall back and hit his head.

Mr Fox lived alone in a flat at Burrendale Road in Newcastle. He had been with neighbour Paul Magennis (28), who lived in the flat above, Donach Rice and his cousin, Nathan Rice (21), the day before he lost his life.

The men spent the day drinking and taking drugs, including acid, in Magennis’ flat. This went on into the following morning, the court heard.

Crown prosecutor Rick Weir said that in the flat “tensions were raised and altercations ensued” and that Mr Fox’s death was set against a back of “the disorderly lifestyle these young men had”.

The court heard that Mr Fox’s body was discovered at 1.45pm the next day by a man seeking Magennis, and when police arrived at the scene, they observed a lifeless body in the kitchen.

He was found lying on his back with a machete underneath his left hand, and his T-shirt pulled over his face with his chest exposed.

A post-mortem conducted the following day attributed the cause of his death to blunt force trauma.

Mr Fox suffered a bleed to the brain and a fractured skull, with the pathologist concluding his ability to breathe whilst on the ground would have been compromised due to a broken nose and consequent bleeding into his airways.

Following the discovery of Mr Fox’s body and due to the Rice cousins and Magennis initially lying to police, police had to piece together what occurred in the flat.

Mr Weir — who described Mr Fox as “vulnerable” — revealed that a solicitor for the Rice cousins contacted the PSNI on December 8 to say they had been in the flat with Mr Fox and wanted to assist police.

Both Donach and Nathan Rice, from Saul Street in Downpatrick, provided statements claiming they saw Magennis throw the fatal punch. The cousins later admitted this was a lie, and admitted a charge of perverting the course of justice.

The prosecutor added that following a detailed investigation, a true picture emerged of what occurred both before and after the fatal punch.

Mr Weir said that during the course of Friday night and early Saturday morning, Mr Fox sustained a facial injury after he was assaulted in the flat. Then, at around 5am, he walked to the Slieve Donard Hotel with the Rices where the two cousins broke into the bar and stole three bottles of alcohol. The trio then returned to Magennis’ flat where the drinking continued.

Shortly after 8am, there was an altercation between Donach Rice and Mr Fox, when the deceased was punched once and fell.

Mr Weir said Mr Fox “showed no signs of life after this assault”. Nathan Rice then left the flat, while Donach Rice and Magennis remained there for 13 minutes before leaving and involving themselves in further crime.

They accosted an elderly man at an ATM on the Dundrum Road at 9.25am, while at 9.50am Donach Rice cashed in a betting slip for £7.80 that belonged to Mr Fox.

All three men were subsequently arrested and interviewed. Magennis was interviewed 12 times and claimed Donach Rice initially assaulted Mr Fox, causing him an eye injury, and that the fatal punch was administered in a second assault.

Magennis also admitted staying behind after the fatal punch, and said he and Rice “sliced” themselves with the machete before the weapon was placed under Mr Fox’s hand to make it look like self-defence. He will be shortly sentenced for two counts of perverting the course of justice.

Donach Rice was interviewed nine times and admitted breaking into the Slieve Donard Hotel with his cousin. Despite initial denials, he admitted punching Mr Fox in the face. He later pleaded guilty to manslaughter and other offences.

Nathan Rice admitted providing a false statement, which he said was to protect his cousin. He also admitted breaking into the Slieve Donard Hotel. He said he left the flat in a panic after the fatal punch.

Defence counsel Eugene Grant QC, representing Donach Rice, said that when his client finally admitted throwing the fatal punch, he immediately expressed remorse and told police: “There was no malice, I didn’t mean for him to be dead”.

The barrister told Mr Justice Colton that Rice’s memory of what happened in the flat was “extremely vague” and he has since said there was no excuse for his behaviour.

Gavan Duffy QC, acting for Magennis, said that when his client “came clean” with police, he “immediately started to exhibit remorse” for the death of a man he considered to be a friend.

Mr Duffy also revealed issues in Magennis’ childhood resulted in poor mental health. He added that during his time on remand his client is attending education courses and has since passed five drugs tests.

Grey Berry QC, representing Nathan Rice, pointed out his client played no part in the attack and left the flat in the immediate aftermath.

The barrister also spoke of his client’s difficulties, which included a low IQ and “easily being led by peers”.

Donach Rice and Magennis were remanded back into custody and Nathan Rice was released on continuing bail ahead of sentencing.