The beatings sustained by a man at the hands of two brothers accused of his murder were so severe that their intention could only be to “cause him serious harm”, a prosecution barrister has told a jury.
Ian (34) and Daniel (43) Connaghan, of Ashington Rise, Navan Road, Cabra, Dublin 7, have pleaded not guilty to the murder of Michael 'Mick' Mulvey (55) on November 27th, 2019.
In her closing address in the trial, Anne Rowland SC, prosecuting, reminded the jury that they had heard evidence from pathologist Dr Heidi Okkers, who said she found 800mls of blood in Mr Mulvey's chest cavity.
Counsel told the jury that the two beatings Mr Mulvey suffered at the hands of Ian and Daniel Connaghan, “were so severe that the intention could not be anything other than to cause him serious harm”.
She told the jury that one of the aspects they will have to grapple with in deciding this case was the issue of joint enterprise and common design.
Counsel said it was the State’s case that there is ample evidence that Ian Connaghan assaulted Michael Mulvey at the Darling Estate at around 5.10pm.
She said the evidence against Daniel Connaghan was that he was present at a second assault sometime later at the traffic island at the roundabout near the Halfway House Public House.
She said the State contended that Ian Connaghan called Daniel Connaghan when he was almost at the Darling Estate, and that Daniel Connaghan immediately left his home and drove to meet Ian.
“It is the prosecution’s case that you can infer what was agreed in that phonecall was that they would both assault Michael Mulvey,” she said.
She said if two people decide to embark on a joint enterprise, each is liable for the actions of the other, unless one goes beyond what was contemplated.
She said the prosecution case is that Daniel Connaghan picked up Ian, who had just assaulted Michael Mulvey, and they went to find Mr Mulvey and assault him.
Counsel said evidence had been heard from Pauline Matthews, Mr Mulvey's longterm partner, about an incident at a church on November 14th when Ian Connaghan had walked out in front of the car she and Michael Mulvey were travelling in, causing Mr Mulvey to brake hard.
She said words were exchanged and as Ian Connaghan walked away he threatened to burn down Mr Mulvey’s house and to kill him.
Sustained assault
Ms Rowland told the jury they had heard evidence from eyewitnesses who gave a description of the assaults on Michael Mulvey, both in the Darling Estate and later at the traffic island.
She said this wasn’t “one punch, one blow, two blows” but a sustained assault.
Counsel said the 55-year-old builder was attacked on a traffic island, with lots of cars and traffic passing by.
“That suggests vindictiveness, motivation, to get Michael Mulvey and cause him serious harm,” she said.
The barrister said evidence had also been heard from Mary Kelly, who witnessed the assault on the island. She said Ms Kelly saw a man stand with his legs on either side of Mr Mulvey and punch him repeatedly in the face and head.
She said the witness had told how a second man was kicking Mr Mulvey in the stomach and the groin area.
Ms Rowland asked the jury to have regard to all the evidence heard from the witnesses in the case.
“I’d suggest to you the beating he suffered at the hands of Daniel and Ian Connaghan was so severe that the intention could only have bee to cause serious injury,” she said.
Ms Rowland also referred to text messages sent by Ian Connaghan, in which he said he was “after opening Mulvey’s face up”, said Mr Mulvey “had it coming to him” and “that’s what made me snap”.
She said Ian Connaghan had a “long simmering resentment” towards Mr Mulvey because he had been barred from the Halfway House and held the deceased man responsible.
Counsel also reminded the jury of a text message sent by Daniel Connaghan in which he said: “The two of us left him in an awful state.”
Blunt force injuries
She said evidence had been heard from doctors at Connolly Hospital who told of how Mr Mulvey had been coughing up blood and x-rays showed he had broken ribs when he was seen in the early hours of November 15th.
Mr Mulvey was moved to a surgical ward, she said, and was subsequently released from hospital on November 19th.
Ms Rowland said evidence had been heard from Dr Okkers, who told the trial she found 800mls of blood in Mr Mulvey’s chest cavity. She said Dr Okkers found the cause of death was hemopneumothorax caused by blunt force injuries, with other contributing factors.
Counsel said the pathologist had noted that Mr Mulvey had heart disease which had caused a narrowing of his arteries and that he also suffered from chronic lung disease.
Dr Okkers, she said, had told the jury that the combination of air and blood in the chest cavity had caused a strain on the respiratory system and the heart.
Concluding her closing address, Ms Rowland told the jury: “I would suggest to you at this stage that there is ample evidence that both Ian and Daniel Connaghan are guilty of the murder of Michael Mulvey.”
The brothers have also pleaded not guilty to intentionally or recklessly causing serious harm to Mr Mulvey at the Navan Road almost two weeks earlier on November 14th, 2019. They have further pleaded not guilty to assault causing harm to Mr Mulvey on the same occasion.
The trial continues on Tuesday before Mr Justice Paul Burns and a jury of seven men and five women.
