‘It’s the fear that murderers are released back into their communities with victims and families left blindsided’

Louise Walsh

A Meath family is among victims of homicides who are campaigning to get legislation implemented which would increase the minimum term served before convicted killers could apply for parole.

A series of podcasts launched on Monday of this week will see families of murdered victims tell of their devastation at reliving their heartache every two years in having to write to the parole board and plead for their loved one's killer not to receive any freedom.

The podcasts have been made by Ballivor resident Eileen Macfarlane and her colleague Charlie Gray

These include Helena and Gerry O'Connor whose son Gavan was viciously murdered in Carrickmacross, Co. Monaghan in 2011.

Brave Sinead O'Leary who suffered catastrophic stab injuries and watched her best friend Nichola Sweeney die in an unprovoked attack by an intruder is also asking Justice Minister Helen McEntee to put in place the legislation passed last year.

At present any prisoners serving a sentence longer than eight years are allowed to apply for parole halfway through that sentence.

Someone serving life, can therefore apply after seven years and approval would grant them early release from prison.

Legislation that would increase the minimum term served before convicted killers could apply for parole to 12 years was enacted in July 2019 but has still not been implemented.

The reform would also mean the establishment of the parole board as an independent body which, the families say, would be more transparent and accessible.

Sinead O'Leary was left fighting for her life in a random attack which left her best friend dead in her home in Cork in 2002

While the teenagers were upstairs getting ready for a night out, callous Peter Whelan entered the house through an unlocked side door and climbed the stairs, switching off lights as he went, until he reached the bedroom where he launched a vicious and frenzied attack on the girls.

Despite being stabbed numerous times, Sinead managed to escape when Whelan turned his attention on Nichola and stabbed her repeatedly in her ensuite. She died due to being stabbed through the heart.

Unbelievably the monster left the house, changed and then returned to watch as emergency services arrived at the scene. Due to Sinead's accurate description, he was arrested straight away, remarking to gardai that he wished he had done more.

Her attacker and Nichola's murderer Peter Whelan, who has never shown any remorse, has been before the parole board numerous times and has been granted day release back to the area at least four times.

Sinead and Nichola's family say they were never informed of the day releases.

"The resounding theme is fear, that murderers are being released back into their communities and victims and families are blindsided by day releases or finding out through the media," said Sinead.

"Exclusion zones demonstrate clear consideration for the victims. I shouldn't have to live my life in fear of bumping into the man who murdered my best friend and tried to kill me, nor should Nichola's family.

"My trauma will stay with me for the rest of my life, I need to be acknowledged and supported.

"This act has been on the table from as far back as 2016, but the impact of the delay is very real and raw. This delay not only means that perpetrators are getting parole hearings they shouldn't get, it makes victims feel as though they are disposable.

Helena and Gerry O'Connor from Kilmainham, Co. Meath say they are living their own “life-sentence” since their son Gavin was murdered by Conor McClelland on June 4, 2011.

McClelland drove off in Gavin'’s car, in which the musician was sleeping while he was parked up on a street in Carrickmacross.

After Gavin woke up, McClelland struck him across the head with rocks a number of times and then drove the car at him. He is currently serving a life-sentence.

"It's as hard today as it was nine and a half years ago when Gavin was killed," said Helena.

"McClelland's case is up for review next March when we will again have to write a letter asking for his parole to be refused.

"We shouldn't have to do this - to beg for our child's murderer to stay in prison. He didn't just kill our Gavin. He brutally and horrifically murdered him and I'm sick at the thought that someday he is going to get out and we will run into him on the street.

"At the end of the day, it's us that are serving the life sentence and there is no parole for us until our dying days."

An online petition to implement the legislation has garnered over 1,000 signatures so far.

The campaign is also being highlighted by podcasters Eileen Macfarlane and Charlie Gray in a series of CrimeLapse episodes which are being released over the coming weeks.

The first which tells Sinead O'Leary's story and her thoughts on the reforms is available from Monday while Gavin O'Connor's tragic death will be podcast next Monday, 30th November.

"The podcast was initially started to cover the more obscure crimes in a victim focussed way but as we began speaking to those bereaved by homicide, we began working with them in their long battle for change," said Eileen.

"I don't think people realise that a life sentence does not mean life. A murderer can become eligible for parole after just seven years and while they are almost guaranteed to have their application rejected, it is traumatising for the families and victims to have to know that all they can do is write a letter to the parole board while the perpetrator can plead their case directly, and also see the victims submission.

"Those I have spoken with feel they have been left out of the process and not informed enough by the prison service. This isn't good enough.

"When someone commits such a brutal, violent crime, they should automatically be excluded from the area in which it was perpetrated.

"This new parole act will offer victims a little more time to hear before they're subjected to the trauma of parole appeal.”