A jury was shown CCTV footage of an assault which resulted in the death of a young Co Leitrim man yesterday.
Andrew Dolan (20) from Carrick-on-Shannon passed away in Dublin’s Beaumont Hospital on January 1, 2012 from injuries sustained during an assault in Mullingar on December 23, 2011.
Jessica Hughes (21) of Greenfield Heights, Rathwire, Killucan, Co Westmeath and Patrick Daly(23), Mulphedder, Clonard, Co Meath both deny a charge of manslaughter.
Mr Daly further denies assaulting one of Mr Dolan’s friends, Ian Farrell at Pearse Street in Mullingar on December 23, 2011.
The jury was told another man, Patrick Farrell, who was not in court, pleaded guilty to Mr Dolan’s manslaughter and has been dealt with in the courts.
On the second day of the trial at Mullingar Circuit Court, Garda Ciara Regan told jurors she had noticed activity on the garda CCTV system at approximately 2.43am on December 23, 2011.
She recalled zooming in on the incident and calling a patrol car. The footage, which was played once in real time, shows a woman appear to strike a man before others became involved on Pearse Street in Mullingar.
The CCTV, which lasted a matter of seconds, showed an altercation progressing up the street and ending with the victim falling to the ground after being struck by a man.
Deputy State Pathologist Dr Michael Curtis told the court Mr Dolan had suffered “a number of fractures at the base of the skull.”
Having previously viewed the CCTV footage, Dr Curtis concluded that the lethal injury occurred when Mr Dolan’s head struck the ground.
Dr Curtis agreed with Counsel for Mr Daly, Caroline Gibbs SC that Mr Dolan was knocked to the ground as a consequence of the last punch thrown by Patrick Farrell.
He told the court Mr Dolan’s organs had been harvested prior to a post mortem on January 2.
Earlier in the day, Gabriel O’Keeffe gave evidence of an incident in Abrakebabra on the night. He was on a Christmas work night out when he attended the restaurant.
Mr O’Keeffe heard a “clatter” and saw a red haired man, accompanied by another man and woman, had fallen on the floor of Abrakebabra. “Somewhere in the background ‘ginger prick’ was said,” he recalled.
When Mr O’Keeffe asked the man if he was alright, the three who were now “agitated” and getting “revved” up, “repeated back to me something about ginger prick,” he said.
Mr Dolan and his friends Ian Farrell and Simon Mills left as the man fell. Mr O’Keeffe said “the girl and two fellas” also walked out.
Outside Mr O’Keeffe saw the red haired man twice punch another man in a stripped polo shirt knocking him down. At this stage, he said the woman was talking to another man.
“The red haired guy then proceeded across the street and effectively punched the guy,” said Mr O’Keeffe. He couldn’t identify the man, but recalled he was knocked to the ground.
Mr O’Keeffe proceeded up the street where he saw a third man on the ground. “He was unconscious but his eyes were flickering,” he said.
“The guy in the red striped shirt came up, he and the second guy that was struck,” he said. The pair were getting “upset” and asked “what did he do to deserve this,” he explained.
CCTV footage taken in Abrakebabra was shown in the court and Ms Biggs SC questioned Mr O’Keeffe’s recollection of the night.
She asked how he failed to mention Patrick Farrell pinning Ian Farrell against the door of Abrakebabra as seen on camera. She also queried other aspects of his evidence.
Mr O’Keeffe said he remembered the key things, like people being struck. “I am satisfied even at this moment with my recollection of events,” he told the court.
A further examination of the CCTV evidence is expected when the trial continues in front of Judge Anthony Hunt today.
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