Two young men jailed last week in connection with a row in Dublin after a disco, following which another young man died, have been freed on bail by the Court of Criminal Appeal pending their appeal against conviction and sentence.
Ronan McGrath (19), Deerpark Road, Castleknock, and Fergal Cagney (21), Greenacres, Kilteely, Co Limerick, who are cousins, were convicted by a jury at Dublin Circuit Criminal Court on July 22nd of reckless endangerment on August 25th, 2000 which led to the death of Mr David Langan.
Both men were acquitted of the manslaughter of Mr Langan on August 30th, 2000. Mr Langan was in a coma in Beaumont Hospital for five days after he was struck by Cagney on Portobello Bridge whom, the Circuit Criminal Court heard, was urged on to do so by McGrath. All three men, and another man, had earlier been at a disco and had been drinking.
Mr Langan struck the back of his head off the road and sustained head injuries from which he never recovered.
Applying for bail yesterday, Mr Shane Murphy SC, for Cagney, argued the charge of reckless endangerment should never have been sent to the jury. The facts of the case were never appropriate to a charge of reckless endangerment and there was no evidence on which a jury could convict his client on that charge.
Mr Justice Fennelly said the applicants had established an arguable case in relation to whether the actions of the accused constituted reckless endangerment.
