The family of Jasmine McMonagle have backed calls for tougher sentencing after her killer was jailed for 14 years.
The 28-year-old mum of two was found in a pool of blood in the kitchen of her Co Donegal home after a three-hour stand-off between her attacker and gardai.
Richard Burke, 32, of Killygordon, Co Donegal, strangled and battered his on-off partner Jasmine during a psychotic episode after taking unprescribed drugs.
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He was found guilty of her manslaughter by reason of diminished responsibility – but the judge said Burke knew what he was doing was wrong and could have stopped himself.
Now Donegal Cllr Gary Doherty has written an open letter to Justice Minister Simon Harris calling for tougher sentencing – and Jasmine’s family has urged others to do the same if they agree with him.
Cllr Doherty told the Irish Sunday Mirror: “I have been in contact with Jasmine’s family and they support the letter. It’s been a difficult week.
“The McMonagle family, the wider community and the country as a whole would all feel that the sentence handed down did not fit the crime.
“It won’t be long before Jasmine’s killer will be back on the street and that is something that makes us all angry, it makes us all hurt.”
In his letter, Cllr Doherty urges: “Longer sentences need to become the norm for serious and violent crimes. There can be no exceptions.
“I ask that you urgently issue mandatory sentencing guidelines to our judiciary to ensure that any person who takes another person’s life will face the sentence that they deserve, in recognition of the heinous crime they have committed.”
Burke’s trial earlier this year heard gardai attended the house following a 999 call by Jasmine at 4.21am stating she was in fear for her life.
Officers were confronted by Burke brandishing a meat cleaver.
A garda went to the back of the house shortly after 5am and saw Jasmine’s lifeless body in a pool of blood.
A forensic analysis of the scene later suggested that most of the beating sustained by Jasmine occurred in the corner of the kitchen while she was sitting crouched or on the floor.
In passing sentence on Monday, Mr Justice Paul Burns said Burke “must bear a considerable degree of responsibility” for killing Jasmine. He noted the level of violence used including the use of weapons, and that the victim was at home with her two children at the time.
A meat cleaver, a hammer and a rope were found in the house following Burke’s arrest.
The judge also noted it was not the first time Burke was aggressive towards his victim, and that he had previously threatened to bury her, throw her in front of a bus, “kill the bitch” and indicated he wanted to strangle her.
Jasmine’s sister Jenna said: “It’s very hard to wrap your head around the fact that somebody who had said on several different occasions, he expressed that he would like to do this to my sister and then he actually did it. It was a drug-related, alcohol-related thing that affected his mental health at the time, these are things he chose to do to himself. If it was our way he would never see the light of day again. We were never going to be happy with the outcome.”
The trial heard from consultant forensic psychiatrist Dr Dearbhla Duffy who said Burke was “acutely psychotic” at the time of the killing and for a short time afterwards.
Retired forensic psychiatrist Dr Anthony Kearns said Burke was suffering from a mental disorder which was complicated by his use of drugs over many years.
Jenna told Highland Radio: “A psychosis can last just a few minutes and then be fine again. It’s just very hard to accept that somebody who knew that taking drugs or drinking alcohol can affect them badly.
“Somebody basically who to a level premeditated this can be walking free in so many years and a bit off for good behaviour.”
Burke, who had 23 convictions for drugs, assault and knife offences, was sentenced to 15 years with one suspended, backdated to January 4, 2019, when he first went into custody.
Judge Burns said in the absence of a mental disorder the killing would have amounted to murder with a compulsory life sentence.
Burke could be freed within 10 years taking into account time served and a 25% off for “good behaviour”.
Jenna added: “As soon as the verdict is read that is the first thing that you’re thinking about – this person is going to be out and how old am I going to be? How old are the children involved going to be? Am I going to be protected?”
She described Jasmine as “so funny and so smart and so kind to her family”. Jenna told how her sister loved Christmas and had sponsored a child from another country.
She added: “I don’t think every question is ever going to be answered.”
Cllr Doherty told the Irish Sunday Mirror he intended to write to the Director of Public Prosecutions asking them to appeal the sentence.
He said: “We should have confidence that if a person has multiple convictions commits a serious crime they will face the sentence they deserve.”
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