A jury in a manslaughter trial has again heard evidence that a man pleaded “don’t hit me, please don’t hit me,” before he was fatally injured.
Biomedical student Andrew Dolan (20) from Carrick-on-Shannon sustained fatal injuries during an assault on Pearse Street in Mullingar on December 23, 2011. He died in Beaumont Hospital on January 1, 2012.
Jessica Hughes (21) of Greenfield Heights, Rathwire, Killucan, Co Westmeath and Patrick Daly (24), Mulphedder, Clonard, Co Meath both deny his manslaughter.
The trial heard the two accused were in Abrakebabra in Mullingar, Co Westmeath with Patrick Farrell at around 2.40am on the night.
An alleged comment led to an altercation outside which ended in Mr Dolan receiving a serious head injury as a result of being knocked to the ground by Mr Farrell. He has since pleaded guilty to manslaughter.
It’s the State’s case that Ms Hughes and Mr Daly embarked on a joint enterprise with Mr Farrell with the intent of causing harm to Mr Dolan.
The jury, who began deliberating on Tuesday afternoon, requested evidence from a number of civilian witnesses be replayed this morning.
It included the evidence of Aidan Conroy, a bar manager who was present on Pearse Street when the assault occurred. “I heard a lad shouting in the middle of the street. He was shouting don’t hit me, please don’t hit me,” Mr Conroy recalled.
Mr Conroy said he was near Mr Dolan when he fell and hit his head. He described it as an “ unmerciful blow” which left him shocked and sickened.
Another eye witness, Shane Daly recalled Mr Dolan backing away. “His hands were down so you could tell he was never in a situation like that before,” he remarked.
During the altercation he witnessed “the female came in a threw a couple of slaps” before stepping back and “holding back the guy who was originally fighting.”
Evidence of Mr Dolan’s friends Simon Mills and Ian Farrell was also replayed along with evidence from witness Barry Waters.
The jury resumed their deliberations at around 11.15am at Mullingar Circuit Court this morning. In case of an acquittal for either defendant, the jury will have the option of considering alternative verdicts of assault causing harm or assault.
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