New law required for burglary tragedies

WHEN elderly John O’Donoghue arrived home to find a burglary in progress, he suffered a heart attack and died. His sister was with him and saw him collapse. His niece arrived and saw his body lying in the yard under a sheet of polythene.

In court yesterday, where two cousins were on trial for the burglary, the State pathologist said it was impossible to separate the stress of this event from the tragic consequence for Mr O’Donoghue.

Clearly, it is impossible to conclusively prove the burglary killed him. He had an existing heart condition, and it is possible he would in any event have suffered a heart attack. However, we might reasonably deduce that the heart attack was indeed brought on by the trauma of witnessing a burglary; anyone who has ever seen or heard intruders in their homes would surely recognise the grip of fear and the elevated heart rate it provokes.

That is why most will surely react with dismay to learn that the only offence the men could be tried for was the burglary itself. In the absence of conclusive scientific proof of a link between the event and the heart attack, the court could not address any more serious charge. Noone in the system is at fault – the law is precise for a reason – but in this case it feels like justice has not been served.

The burglars may not have killed Mr O’Donoghue, but they have a responsibility for his death. The judge in the case cannot consider Mr O’Donoghue’s death when sentencing the men for burglary: they must be sentenced for burglary alone. That is how the law currently stands.

So the court’s decision was right, but a new law is now required to address such cases in future. That law should add more serious punishment, not just if the victim dies of fright, but also if he or she subsequently suffers serious mental health issues such as panic attacks or recurring anxiety.

The psychological consequence of burglary often far outweighs any material loss, and the criminals who cause it must be held responsible. The law must be changed to allow this in the future.