Accused kicked victim in head, says witness

A witness has told a jury he saw one of the accused and another man give three or four "very, very hard" kicks to the head of…

A witness has told a jury he saw one of the accused and another man give three or four "very, very hard" kicks to the head of his friend, who is now in a wheelchair as a result of an assault.

Thomas Hogan named Eoin Hogan (no relation) as the person he identified in the assault on David Fox (22), who was lying on the ground at the time.

Eoin Hogan (23), Ballyogan Wood, Carrickmines, and Murray Cummings (20), Lower Kilmacud Road, Stillorgan, have denied assaulting Mr Fox causing him harm and to intentionally or recklessly causing him serious harm on Taney Road, Dundrum, on August 14th, 2002.

Thomas Hogan said, in reply to Dominic McGinn, prosecuting, at Dublin Circuit Criminal Court, yesterday that he was in "a definite position" to identify Eoin Hogan as one of the men who was kicking Mr Fox.

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The witness said that by the time he went to his friend's aid, the two men had left. Mr Fox did not look like he was breathing, he had a cut to his eye and his nose was bleeding.

Two other friends, John Paul Roberts and Stephen Drury, helped him lift Mr Fox, whom he described as being a "dead weight", to the side of the road. An ambulance was called and Mr Fox was taken to hospital.

Earlier, Mr Fox denied claims he went up to a field with "a war gang" from his housing estate armed with "bats, poles and iron bars" to attack a "group of fellas" from Taney housing estate, two weeks before the attack on him.

Mr Fox, who has been left paralysed on the left side of his body as a result of the assault, admitted there was some tension between "lads" from Rosemount and Taney because of a rumour that he (Mr Fox) had stolen "hash" (cannabis resin) from another man.

Mr Hogan's senior counsel Anthony Sammon told Mr Fox that Mr Roberts, who was also from the Rosemount Estate, told gardaí that a "gang from Rosemount" went up to a field to meet the "lads from Taney" to "sort it out" because Mr Fox did not appreciate the rumours of him having stolen "hash".

Mr Fox denied that the "gang from Rosemount" were going to "threaten serious violence". He knew there was going to be a fight and that he had gone up to the field to see what was going on. He said he had not hit anyone there, but he had intended to "clear his name" by asking them to stop spreading the rumours.

He said that when they arrived in the field they could not see anyone but when they walked further into it "the fellas from Taney who had been hiding in the bushes walked into the field armed with bars and chains".

Mr Fox did not accept a suggestion from Mr Sammon that this was completely untrue and that it was his gang who were armed.

Mr Fox told Mr Sammon that although he couldn't recall getting involved in "gratuitous and wanton hooliganism" outside the Shell petrol station on Taney Road by throwing bricks at a car wash, he accepted that if Mr Roberts had told this to gardaí, it must be "truthful".

Mr Fox admitted he had been fined €75 in April 2002 for being drunk and disorderly. When asked by Mr Cummings' senior counsel Colman Fitzgerald how the gang were going to help him clear his name, Mr Fox replied they went up with him in case he was "outnumbered and attacked". He denied his friends were the aggressors.

The trial continues.