Two Cork men accused of beating a man into a coma who died nine months later were "conscious and intelligent about what they were doing", a murder trial heard during closing speeches yesterday.
Addressing the jury in the Central Criminal Court, prosecuting counsel, Ms Mary Ellen Ring SC, said the "true verdict against Mr Paul Sheehan and the true verdict against Mr Ross Stapleton is a verdict of guilty of murder". Mr Sheehan (21), The Glen, Cork, and Mr Stapleton (21), also of The Glen, have pleaded not guilty to the murder of Mr Christian Scully (28), Togher, Cork, on October 17th, 2002.
Mr Scully was on a life-support machine after being set upon by youths at Sober Lane in the city centre in the early hours of January 28th, 2002. He suffered a cardiac arrest nine months later and died on October 17th, 2002.
Ms Ring said that in the early hours of January 28th, 2002, "Mr Sheehan tripped his friend's assailant and put him to the ground. That is at the moment where intention comes into the play. Two men were standing over Mr Scully.
"Mr Sheehan couldn't account why they didn't just walk away. What we know is they continued to beat Mr Scully.
"When they stood over Mr Scully an intention formed. Mr Scully was dragged and left in a state where he was unable to help himself. He was left in a roadway used by cars. Mr Scully was left by Mr Sheehan and Mr Stapleton," Ms Ring said.
She told the jury on the seventh day of the murder trial that we "accept drink is an issue in this case".
The prosecution case claims that Mr Sheehan and Mr Stapleton had the "wit on leaving Sober Lane to be concerned about their clothes" which were blood-stained and to go to Mr Patrick Long's house.
"Mr Stapleton asked for his clothes to be washed and Mr Sheehan got other clothing," Ms Ring said.
"Are these the actions of men that were more sober than they care to admit?" she asked the jury of nine women and three men.
Yesterday defence counsel, Mr Brendan Nix, acting on behalf of Mr Sheehan, said his client had stood waiting for Mr Stapleton outside the Temple nightclub for over an hour and a half. "What a pity he didn't just go home. This is something he'll think about for the rest of his life", Mr Nix said.
Mr Nix said he was "reminded of another case recently where someone waited outside a nightclub". Mr Sheehan's intention "was to go back and help his friend. My client went away in an acknowledgement that he [Mr Scully] got a hiding, not that he killed him or caused him serious harm," Mr Nix said.
Mr David Goldberg, defence counsel for Mr Stapleton, said in his closing speech that his client was homeless "because of his drug abuse since he was 13-years-old".