The jury in the trial of a 24-year-old man accused of murdering Dylan McCarthy during a melee outside a pub in a Kildare town nearly three years ago will begin deliberating next week.
It is the State’s case that Mr McCarthy (29) died following an incident in which he received both punches and “a vicious kick” to the head from Calvin Dunne while he was attempting to get up off the ground.
The jury has heard that Mr Dunne claims he was acting in self-defence and that Mr McCarthy was himself “involved in violence” on the night.
Mr Dunne has pleaded not guilty to the murder of Mr McCarthy on or about August 22nd, 2022. He has also pleaded not guilty to violent disorder on August 21st, 2022, at Dublin Road, Monasterevin.
The trial has heard that Mr Dunne told gardai that when a group of people came out of the pub and a fight broke out, he saw Sean Kavanagh fighting with Dylan and Eamon McCarthy.
Mr Dunne said that at one point, Dylan McCarthy went to hit Mr Kavanagh from behind, so Mr Dunne grabbed Dylan McCarthy by the wrist.
The accused said that Dylan McCarthy turned around to punch him, so he punched Mr McCarthy to the chin or jaw area, which caused him to fall.
“I only got involved in this fight as Dylan and his party were out of control and extremely violent,” Mr Dunne told gardaí in interview, going on to say that he “lightly kicked” Mr McCarthy to what he believed was “the chest area”.
State pathologist Dr Heidi Okkers has told the jury that it is not possible to determine whether a punch or kick caused the fatal injury that led to the death of Dylan McCarthy.
On Friday, Ms Justice Caroline Biggs began bringing the 12 jurors through a summary of the evidence they have heard during the trial.
The judge told the jury to come back afresh on Tuesday morning, when she will finish her outline of the evidence and they will begin their deliberations.
In her directions to the jury on Thursday, Ms Justice Biggs said that there are three verdicts open to them: guilty of murder; not guilty of murder but guilty of manslaughter; or not guilty of murder or manslaughter.
She said that for a verdict of guilty of murder, the jury had to be convinced that Mr Dunne’s actions substantially contributed to the death of Mr McCarthy and that he intended to kill or cause him serious injury.
On the issue of self-defence, Ms Justice Biggs said a person may lawfully use force to defend themselves or another person under attack, but the force that can be used is only such as is reasonable in the circumstances as the person believes it to be.
Two weeks into the trial Mr Dunne's co-accused, Sean Kavanagh (26), with an address at St Mary’s Lane, Church Avenue, Monasterevin, pleaded guilty to a charge of assault causing harm on Eamon McCarthy, the father of the deceased. A charge of violent disorder was taken into consideration.
Ms Justice Caroline Biggs then directed the jury to find Kavanagh not guilty of the murder of Dylan McCarthy, a charge he had denied.
The trial continues on Tuesday before Ms Justice Biggs and the jury of ten men and two women.
