A witness has told a murder trial that she saw two men, including the accused in the trial, kicking a person who was lying on the ground in an area of Cork city used at the time by homeless people.
James Brady, 28, of Shannon View, Mayfield, Cork, denies the murder of Timmy Hourihane, a 53-year-old former chef who was found with serious injuries at Mardyke Walk in the early hours of 13 October 2019, and died in hospital shortly afterwards.
On the fifth day of the trial at the Central Criminal Court in Waterford, witness Paula O'Shea said she was living in a tented area at the Mardyke in Cork from early in September of 2019 and her partner at the time, Adrian Henry, had been there a bit longer.
She told the court that Saturday 12 October was the birthday of a man who was also living in the tented village and the atmosphere in the area was okay early in the day, but grew "increasingly tense" later as it got dark.
She said she and her partner decided to go for a walk later on as they felt "uncomfortable" and did a loop from Mardyke Walk along Western Road and back, before sitting on benches near Mardyke Walk when they returned.
At that point she could see "somebody on the ground" and two people standing over him, the witness said.
There was a fire nearby and she could see "two silhouettes attacking someone who was on the ground".
The two people were "kicking the person who was on the floor," she said.
She did not know who was on the ground at the time, she said, and could not remember hearing anything.
Asked by Siobhan Lankford SC, prosecuting, who were the two people over that person, the witness replied: "It was James Brady and [another man who can't be named] kicking the person on the floor".
She said her partner had a better view of what was happening and she had to keep turning her head around to see.
"They just kept kicking and kicking. It wasn't stopping," she said, before replying "his head and abdomen" when asked what parts of the victim's body they were kicking.
She was not sure if anyone else was there at the time, but said she thought another woman was present, and could not say how long the kicking went on for.
The witness and her partner then left the scene and went for another walk.
"We were just trying to stay away from any trouble," she said.
When they returned, a fire brigade and an ambulance were present and everyone who had been in the tents was gathered around.
She said the second man involved in the assault arrived a while later and had changed his clothes. She knew because they had been with him earlier in the day.
Under cross-examination from Vincent Heneghan SC, defending, Ms O'Shea said she could see who the two men were from their silhouettes.
Mr Heneghan put it to her that James Brady was present but was not kicking anybody.
"That's not what I remember," she replied.
Earlier in her evidence, Ms O'Shea was asked when did she first meet "somebody called James" and said that it was about a week or a week and a half before the incident.
"He came down to the tents and he was very threatening," she said.
She did not know where he was living at the time but knew he had lived in the tented area some time beforehand.
"I remember him being very aggressive and threatening."
The trial continues.
