BELFAST, March 11  –  A Londonderry man has been jailed for three years at Crown Court for stabbing a gay man during a homophobic attack in the city.  But gay activists in Northern Ireland consider the sentence too lenient.

Gerald McKinney, 22, from McNeice Court, Derry, admitted kicking, punching and then stabbing James Maguire at a party at the victim's flat in June 2004.

The court, sitting in Belfast, heard that McKinney attacked the 23-year-old while he was sleeping.

Judge Tom Burgess told McKinney the attack was fuelled by his homophobia.

The judge told him the injured man had been left with substantial psychological damage.

“Sentence should reflect the court’s rejection of such a motive, the Judge said.  “The defendant should regard himself fortunate that the injuries sustained by this young man were not more serious. They could easily have been life-threatening.”

However, Judge Burgess praised McKinney for admitting the crime and phoning the ambulance immediately following the stabbing.  McKinney was told he would have been jailed for up to six years if he had contested the charge and been found guilty.

After the court hearing, Sean Morrin of Northern Ireland’s Raibow Project described the attack as “ferocious and extremely vicious” carried out on an innocent man simply because of his sexual orientation.

“This man has since left this city and now resides in another country still living with the impact of this homophobically motivated attack,” he said.  “(We) believe the sentence was too lenient, but sincerely hopes it sends a clear message that people who are lesbian or gay will no longer accept these attacks but see the perpetrators to court.”

Following the three-year prison term, McKinney will be on probation for 15 months probation.  He has agreed to attend an addiction treatment centre, anger management classes, live at his mother’s house and attempt to improve his basic educational skills.

11 March  2005