'I want to look McClelland in the eye and ask him why he killed my son'
Eleven years on from the brutal murder of Kilmainhamwood man, Gavin O’Connor his heartbroken parents hope to have their say in his killer's bid for freedom as parole eligibility nears
PAUL HOPKINS
The parents of a murdered young man from Kilmainhamwood hope to be able to address the Parole Board when their son's killer is eligible for parole next April, following changes in laws surrounding the board.
Helena O'Connor whose son Gavin was murdered 11 years ago aged 22 says she would love the opportunity to sit down and look her son's murderer in the eye and ask him "why he killed my son".
The three-week trial at the Central Criminal Court in Monaghan heard that the accused drove off in Gavin O’Connor’s car, in which Mr O’Connor was sleeping and which had been parked on a street in Carrickmacross.
Both men were attending a music festival in the town.
McClelland admitted to gardaí that after Mr O’Connor awoke in the vehicle, he struck him across the head with rocks a number of times, and when Mr O’Connor then emerged onto the road, he drove the car at him.
He admitted doing this to make the injuries caused by hitting the victim with rocks look as if they were caused in a motor accident.
McClelland was arrested soon after the killing and charged with murder. He pleaded not guilty but was found guilty and sentenced to life in prison. Now, 11 years on, McClelland is eligible to seek parole early next year.
However, recent changes in the law will allow the heartbroken parents of Gavin to have their say in McClelland's bid for freedom.
It is little compensation, but the still grieving parents could be the first such couple in Ireland to address the Parole Board before the parole hearing, following the changes in the law introduced last year.
The new law states that victims may give their views either in writing or in person, or through their legal representative, and these views “must be taken into account” in the Parole Board’s ultimate decision.
In the case of homicide, the definition of ‘victim’ now includes family members of the deceased, for far too long ignored in the letter of the law.
Helena O'Connor says: “McClelland had to serve 12 years before he was eligible for parole and is now due before the board next April and I hope they are not fools enough to allow him out.
“What will I say? I will say exactly what I said in the last victim impact statement we gave, that we have so many unanswered questions and McClelland is the only one who can answer them but he is keeping his mouth firmly shut.
“I would love the opportunity to sit down and look McClelland in the eye and ask him why he killed my son.”
Gerry and Helena O'Connor suffered further heartache when their older son Patrick, 33, was killed in a single-vehicle accident, near Kilberry Cross, Navan in 2013 — two years after Gavin was murdered.
The changes introduced by the Parole Act 2019, which came into force in July 2021, enhance victims’ rights and help ensure that a victim’s views are considered by the Parole Board when an application for early release is made by a prisoner.
The changes transfer the power to make decisions on parole from the Minister for Justice to the new independent Parole Board, a group of experienced professionals with expertise in various aspects of the criminal justice system. For the present, the only prisoners who can benefit from parole are those sentenced to life imprisonment who have already been in prison for at least 12 years.
The biggest change that has been made by the new Parole Act is in the case of homicide. In such cases, the definition of ‘victim’ now includes family members of the deceased, and a family member can include anyone who was “dependent” on the deceased. It can also include anyone with a “connection sufficiently close” to the deceased that they “should be considered a family member”.
Gavin O'Connor was a talented musician who played with local band Climax. His father Gerry describes how every photograph taken of his son, in particular those with the band, always had him at the centre, smiling. “He was a brilliant guitarist — he just lived for music. In fact, it was his life.”
Recalling the death of his son, Gerry O'Connor says: “Gavin’s face was a total and utter mess. It was black, it was purple, it was yellow, it was swollen beyond belief. He had a big bulge sticking out of the side of his temple.
It was just horrendous.
Mr O'Connor says his son had been about to audition for a Rolling Stones tribute band. “I know he would have got it, too,” he says.
The Parole Board, up to last year, was the only body of people with any say in whether a convicted criminal should be paroled, based, largely on the prisoner's behaviour and any element, or not, of remorse and rehabilitation while behind bars.
Now, the ‘other victims’ torn asunder by the heinous act of murder are allowed have their say. Gerry and Helena O'Connor will have their ‘other day’ in court.