Brian Burke killer told: We will be waiting when you get out

Kenneth Cowan (30), of Titania Street, off the Cregagh Road, pleaded guilty in December to the murder of Brian Burke and was handed an automatic life sentence.

The “senseless” attack took place at the Titania Street house Cowan shared with another man and the pair, along with Mr Burke, had spent most of Saturday, April 7, 2018 together at the terraced property.

Belfast Recorder Judge David McFarland said: “It had all the hallmarks of a relaxing afternoon and evening, with them listening to music, and drinking beer.

“Some cannabis was smoked by Cowan, but not by Brian Burke as has been confirmed by a toxicology report.”

A toxicology report was carried out on Cowan around 14 and half hours after the fatal stabbing, and although no alcohol was detected, tests showed the presence of cannabis in his blood.

The court heard that the level of alcohol detected in Brian Burke at the time of his death was 190 milligramme per 100 millilitres of blood, around two and a half times the legal limit.

The friend who shared the house with Cowan later told police that all three were upstairs.

He said Cowan and Mr Burke were “wrestling on the bed” and it appeared to him that it was “horseplay”.

The man told police that he then heard Mr Burke scream out: “He has stabbed me.”

Cowan claimed to police that he went into another room and got a box cutter he used at work and stabbed his friend once in the chest.

However, Crown counsel Ciaran Murphy QC said that Cowan had gone to the ground floor of the property, retrieved a 12cm knife, went back upstairs and stabbed Mr Burke into the chest.

The court was told that following the stabbing, Cowan put a pillow under Mr Burke’s head and then rang 999 for an ambulance.

Cowan’s house-mate told police that after the stabbing the defendant was in a “distressed state” but the emergency operator who took the 999 call said he did not sound distressed to her. She told police Cowan admitted to her that he had stabbed his friend.

The court heard police and ambulance arrived at the scene in Titania Street and the handle of the knife was found upstairs, but no blade could be traced.

Mr Burke was rushed to hospital but he was pronounced dead at 1.15am on April 8, 2018.

A post mortem examination by Professor Jack Crane found that the victim had sustained a single stab wound to the left side of the chest, first piercing the lung before entering in wall of the heart.

During his autopsy, Professor Crane found the 12cm knife blade imbedded in the chest. He concluded that there was extensive bleeding from the stab wound to the heart which was “responsible for his fairly rapid death”.

In his opinion, said Professor Crane, “no more than moderate force was required” to inflict the fatal stab wound.

After his arrest, Cowan told police at interview that he and Mr Burke were “wrestling’’ in the upstairs bedroom.

He claimed Mr Burke was holding him down and wouldn’t let go and said he kept shouting at him “get off me, get off me”.

When he eventually got out of the hold, he claimed he went next door and got his box cutter before going back into the bedroom and stabbing Mr Burke.

Cowan later admitted that during the incident “the red mist” came down on him, adding that he “should have left the house and went for a walk to cool down”.

Cowan - a father of a three year old child, and with convictions in Northern Ireland and Finland for drug offences - was not assessed as posing a danger to the public in the future.

Crown counsel Mr Murphy said the aggravating features in the case was that Cowan had armed himself with a knife while under the influence of drink and drugs and stabbed his friend.

Victim impact reports said Mr Burke’s murder had a “very serious effect” on his mother Deana Kitson and his death also had a profound effect on his friends.

Defence QC Gavan Duffy said Cowan had expressed “genuine remorse” over the death of Mr Burke and recognised the suffering he had caused to the deceased’s family and friend.

He told the court his actions on that night were described by Cowan’s family and friends as “totally out of character”, and the Finnish partner of their child described the attack as “insane”.

Mr Duffy said: “Mr Cowan wishes he could undo his actions of that night.

“He fully appreciates and accepts the impact of his actions on the family of the deceased and places himself before the mercy of the court.”

Handing Cowan a minimum of 10 years in jail before he could apply for parole, Belfast Recorder Judge David McFarland said: “This was a senseless taking of life of a young man and it is natural that family and friends will struggle to rationalise what has happened.”

The judge said the aggravating factors were the impact on the victim’s family, the consumption of drugs and alcohol and the use of a knife to stab Mr Burke to death.

“It is not a case of Cowan carrying a knife and then using it,” said Judge McFarland in his sentencing remarks.

“However, it must be understood that those who would arm themselves with weapons such as knives to somehow give themselves an advantage in any scuffle or fight or to frighten their opponent must expect receive additional punishment.

“The use of weapons, particularly knives, will always significantly increase the risk of serious or fatal injury.”

As the defendant was led away in handcuffs, one man shouted at him from the public gallery: “Cowan, do the decent thing and kill yourself. I hope you die a horrible death.

“I will see you when you get out. We will be waiting.”