Manslaughter trial told of blow to head

A man told the Circuit Criminal Court in Tralee yesterday that on the night of the All-Ireland Football Final in September 2004…

A man told the Circuit Criminal Court in Tralee yesterday that on the night of the All-Ireland Football Final in September 2004 he saw a bald-headed man with glasses hit "a guy with a mop of hair" with a fist to the head and then step over him and strike another man.

The fallen man "fell like a bag of spuds to the ground" and did not get up again. Bart Murphy (22), Keel, Castlemaine, Co Kerry was giving evidence on the second day of the trial of Timothy Riordan (53), Listry, Faha, Killarney. Mr Riordan has denied the manslaughter of 38-year-old Gerard O'Leary, Coolroe, Killorglin.

Mr O'Leary died in Cork University Hospital on October 3rd, after what the State alleges was a fatal assault in the early hours of September 27th, outside a pub in Milltown village, the night Kerry beat Mayo in the All-Ireland final.

The man with the curly mop of hair did not get up again after being struck, Mr Murphy, an apprentice electrician, told the court. Mr Murphy and his girlfriend, Lisa Fogarty, had gone to Alma's chipper in Milltown at around ten minutes past midnight. When he returned to Ms Fogarty's car he heard through the open window a verbal argument between two tall men and one smaller younger man. He did not know the men involved in the argument, but identified one in court yesterday as Kevin O'Leary, brother of the deceased, Gerard O'Leary.

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Mr Murphy then noticed a bald man he had seen in the chip shop run from behind the car in which he was sitting, and cross the street towards the three people who were arguing.

The bald man was "jumping around, arguing with the taller guy with short hair and the guy with the mop of hair", Mr Murphy said. The argument moved from the outside of Cosgrove's pub on to the street.

When struck with the fist to the head, the mop-haired man fell to the ground "pretty lifeless", witness said.

Asked by David Sutton SC, prosecuting, to describe how the man fell, Mr Murphy replied: "Like a bag of spuds, just fell to the ground." The injured man did not get up again.

The bald man stepped over him and hit the taller man and then walked off, Mr Murphy said. The latter (identified as Kevin O'Leary) stumbled and fell but got up again.

Mr Murphy crossed the road to assist the stricken man who was lying in the middle of the street. He wanted to get the injured man off the road. However he felt threatened by the attitude of Kevin O'Leary who had blood on his face.

Postmistress Eileen Woods, of Milltown, was looking out the window of her home opposite Cosgrove's pub. She knew Timothy Riordan, the accused, and saw him cross the road, raise his hand and hit a tall thin man "in the facial part of his body". The man fell backwards and didn't get up. He lay on the flat of his back.

She then left the window to ring the Garda.

The trial continues.