Two men charged with murdering Dylan McCarthy in Co Kildare in 2022 have claimed in the Central Criminal Court that they were acting in self-defence when one of them “took a running kick” at the 29-year-old while he was on the ground.
It is the State’s case that Mr McCarthy, who the jury heard was himself “involved in violence” on the night, died following an incident in Monasterevin in which he received punches from Sean Kavanagh (26) and Calvin Dunne (24) before taking “a vicious kick” to the head from Mr Dunne.
Mr Kavanagh (26), of St Mary’s Lane, Church Avenue, Monasterevin, and Mr Dunne (24), of Abbey View, Monasterevin, have pleaded not guilty to murdering Mr McCarthy on or about August 22nd, 2022. They have also pleaded not guilty to violent disorder on August 21st, 2022, at Dublin Road, Monasterevin.
Mr Kavanagh has also pleaded not guilty to a charge of assault causing harm to Eamon McCarthy, the father of the deceased, on the same date at the same location.
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In his opening speech, prosecution counsel Seoirse Ó Dúnlaing SC told the jury both accused were interviewed by gardaí and asserted that Mr McCarthy had received a number of punches from Mr Kavanagh and one from Mr Dunne that knocked him to the ground. Counsel said Mr Dunne then kicked Mr McCarthy in the head.
Mr McCarthy was unresponsive when an ambulance arrived to bring him to hospital. He was pronounced dead the following day, with the prosecution arguing the two accused inflicted the injuries that caused his death.
Counsel said Mr McCarthy was in the company of his father, partner, sister and his sister’s partner on the night, as they were celebrating the birth of his sister’s child. Some people were ejected from the Bellyard pub and, as Mr McCarthy was being removed along with his father, a fight broke out in the foyer. Mr Ó Dúnlaing said Mr Kavanagh and Mr Dunne were walking by the premises at this time.
He told the jury they would hear evidence from State Pathologist Dr Heidi Okkers that Mr McCarthy suffered a subdural haemorrhage that caused his death.
He added the actions of the accused being a contributing factor to Mr McCarthy’s death was not enough for a murder conviction, with the prosecution having to establish that they intended to kill or cause him serious injury. He said premeditation is not needed, as intention can be formed in an instant.
He told the jury that they must be satisfied beyond a reasonable doubt that Mr Dunne had the intention to cause a serious head injury when “he took a running kick” at Mr McCarthy.
Concerning the charge of assault causing harm faced by Mr Kavanagh, Mr Ó Dúnlaing told the jury that after Mr McCarthy was rendered unconscious “from a vicious kick”, his father walked away before Mr Kavanagh went up to him and landed a punch that knocked him to the ground.
The jury also viewed CCTV footage from inside and outside the pub on the night, which shows the movements of the two accused, as well as Dylan and Eamon McCarthy and members of his family.
The trial continues before Ms Justice Caroline Biggs and the jury of 10 men and two women.
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