Courts

Man guilty of manslaughter over pub melee death of Dylan McCarthy

Calvin Dunne (24) acquitted of murder in case of ‘vicious kick to the head’

Calvin Dunne (24) had pleaded not guilty to the charges. Photograph: Collins Courts
Calvin Dunne (24) had pleaded not guilty to the charges. Photograph: Collins Courts
Fiona Magennis
Fri Feb 07 2025 - 12:15

A 24-year-old man has been acquitted of murder but found guilty of the manslaughter of Dylan McCarthy during a melee outside a pub in Co Kildare nearly three years ago.

The 10 men and two women of the Central Criminal Court jury deliberated for 10 hours and 13 minutes before returning the 10-2 majority manslaughter verdict on Friday against Calvin Dunne, who had denied Mr McCarthy’s murder. The jury also unanimously found Dunne guilty of violent disorder.

The jurors had been told that if they decided Dunne had used unreasonable force in self-defence, but that he might have believed it was necessary, they should acquit him of murder but convict him of manslaughter.

Dunne shook his head as the jury foreman delivered the verdicts.

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Ms Justice Caroline Biggs thanked the 12 jurors – a number of whom were upset and in tears – for the “exemplary manner” in which they had carried out their civic duty in this case. She excused the panel from further jury duty for life.

“You have given us weeks of your life,” she said. “You may not thank us for the sadness and pain you have witnessed and the darkness of these events.”

Mr McCarthy’s father, Eamon McCarthy, who gave evidence during the trial, cried after the verdicts were read out.

Dunne, of Abbey View, Monasterevin, had pleaded not guilty to the murder of Dylan McCarthy on or about August 22nd, 2022. He had also pleaded not guilty to violent disorder on August 21st, 2022, at Dublin Road, Monasterevin.

It was the State’s case that Dylan McCarthy died following an incident in which he received punches and “a vicious kick” to the head from Dunne while he was attempting to get up off the ground.

An eyewitness told the jury that there was “a loud thud” like someone “kicking a football” when Dylan McCarthy was struck in the head.

Dunne contended he was acting in self-defence and Dylan McCarthy was himself “involved in violence” on the night.

Dylan McCarthy’s cause of death was a traumatic head injury and spinal injury caused by blunt force trauma.

State Pathologist Dr Heidi Okkers told the jury it was not possible to determine whether a punch or kick caused the fatal injury.

The trial heard Dunne told gardaí that when a group of people came out of the pub and a fight broke out, he saw Sean Kavanagh fighting with Dylan and Eamon McCarthy.

Dunne said that at one point, Dylan McCarthy went to hit Kavanagh from behind, so Dunne grabbed him by the wrist.

The accused said Dylan McCarthy turned around to punch him, so he punched him to the chin or jaw area, which caused him to fall.

“I only got involved in this fight as Dylan and his party were out of control and extremely violent,” Dunne told gardaí in interview, going on to say he “lightly kicked” Mr McCarthy to what he believed was “the chest area”.

Two weeks into the trial the judge said there was no opposition from the Director of Public Prosecutions to an application for Dunne’s former co-accused, Sean Kavanagh (26), of St Mary’s Lane, Church Avenue, Monasterevin, to be found not guilty of murder arising out of the incident.

He then pleaded guilty to a charge of assault causing harm on Eamon McCarthy. A charge of violent disorder was taken into consideration.

Following Friday’s verdict, John Fitzgerald SC, for Dunne, said he appreciated his client’s status had changed but asked the court to allow him to remain on bail for a time to “put his affairs in order”.

Ms Justice Biggs did not accede to this request and remanded Dunne in custody. There was no objection to Kavanagh staying on bail.

The judge adjourned the matter to May 12th to allow time for the preparation of probation reports in respect of Dunne and Kavanagh and victim impact statements from the McCarthy family.