A holiday atmosphere prevailed in the village of Milltown, Co Kerry, after the All-Ireland Football Final in 2004 when Gerard O'Leary (38) was alleged to have been fatally assaulted outside a pub in the middle of the village at closing time, the Circuit Criminal Court in Tralee heard yesterday.
Kerry had beaten Mayo "as usual" and there was obviously a holiday atmosphere "and undoubtedly a large amount of drink consumed", David Sutton SC, prosecuting, told the court.
Timothy Riordan (53), Listry, Faha, has pleaded not guilty to the charge of the unlawful killing of Mr O'Leary of Coolroe, Killorglin, on October 3rd, 2004, at Milltown.
The deceased and his brother had gone to Cosgrove's pub in the village on September 26th, 2004. Mr Riordan and his son were also there, Mr Sutton told the jury.
When the pubs were closing, an incident occurred between Mr Riordan and Mr O'Leary whereby Mr Riordan punched Mr O'Leary "causing him to fall to the ground and causing the injury from which he died", counsel said.
Mr O'Leary was rendered unconscious.
He was transferred to Kerry General Hospital and then to Cork University Hospital where he died on October 3rd.
This was not murder, it was manslaughter, and was colloquially known as "assault manslaughter", Mr Sutton said.
It was up to him and the prosecution to prove the accused killed the victim by assault.
Assistant State Pathologist Dr Margot Bolster carried out a postmortem on the deceased.
Mr O'Leary died from brain swelling, contusion and subdural haemorrhage.
The injuries were consistent with falling on the back of his head. Dr Bolster also noted a small bruise on Mr O'Leary's face and cheek, indicating a blow.
The main injury and cause of death was from a fall on the back of the head. There had been extensive bruising to the brain.
A blood alcohol reading taken at Kerry General Hospital showed a concentration of 329 mgs in Mr O'Leary's system, around four times the legal drink driving limit, the court was told.
Dr Bolster denied an injury which Mr O'Leary suffered in a motorcycle accident a year previously had any residual effect.
The case before Judge Carroll Moran continues.