Mr Brian Mulvaney, allegedly murdered by three young men after a party in south Dublin, died from blood inhalation, an independent pathologist told the Central Criminal Court today.
But while agreeing with the State Pathologist, Dr John Harbison's finding, Professor Anthony Busuttil of the University of Edinburgh was unable to rule out the effects of a "fatal dose" of ecstasy as a contributory factor to Mr Mulvaney's death.
The Professor was giving defence evidence for one of the accused who cannot be named for legal reasons. He and two others, Mr Brian Willoughby (24), Orwell Park, Templeogue and Mr Neal Barbour, (20), Domville Road, Templeogue deny the murder of Mr Brian Mulvaney of Firhouse, Dublin on March 11, 2000 at Templeogue.
Mr Mulvaney died in hospital following an assault in the Orwell estate after he'd been to a friend's party and taken ecstasy.
Last week, the State Pathologist Dr John Harbison gave evidence that the primary cause of Brian Mulvaney's death resulted from a large amount of blood in his lungs, which he could not cough up, because he was knocked unconscious.
But Prof Busuttil today told presiding judge, Mr Justice Barry White, that although Mr Mulvaney sustained a vicious beating, there were other factors which may have rendered him unconsciousness and unable to cough up the blood.
"Although his injuries look severe with the naked eye they are not accompanied with damage to the bones of face or brain," he said. He said the deceased may have had a "pre-existing heart-muscular condition", although he found no evidence of this.
He described the level of ecstasy in the deceased's body as at "the higher end of the fatal level of ecstasy".
Under cross-examination by Mr Tom O'Connell SC for the prosecution the Professor admitted that it was not possible for a pathologist to say with certainty whether or not ecstasy contributed to his death.
When put to him that Dr Harbison's report does not support the contention that ecstasy was a factor in Mr Mulvaney's death, he replied, "You can't rule it out either".
He said that he did not dispute the cause of death concluded by Dr Harbison but repeated that other factors needed to be considered.
When asked if he would have survived if he hadn't inhaled blood, the witness said, "that is correct". He also agreed that one or more blows to the head could have caused concussion.
Defence evidence is now complete and the prosecution will make its closing address.