A jury in the trial of two men charged with the murder of a 29-year-old man in Co Kildare in August 2022 has heard that both accused claimed they were acting in self-defence.
In his opening statement to the Central Criminal Court prosecuting counsel Seoirse Ó Dúnlaing said that Dylan McCarthy died from a severe brain injury after he was punched and kicked during an incident of violent disorder outside a pub in Monasterevin.
Sean Kavanagh, 26, of St Mary's Lane, Church Avenue, Monasterevin, has denied a charge of murder.
He also pleaded not guilty to assault causing harm to Mr McCarthy’s father, Eamon McCarthy, and to a charge of violent disorder.
Calvin Dunne, 24, from Abbeyview, Monasterevin, has also denied a charge of murder and pleaded not guilty to a charge of violent disorder.
Mr Ó Dúnlaing said the incident that night "did not begin with Sean Kavanagh and Calvin Dunne".
He said Dylan McCarthy was in The Bellyard pub with his partner, his father, his sister and her partner.
He said there appeared to have been an incident inside the pub and Mr McCarthy was being ejected from the premises with others and a fight broke out in the foyer.
Mr McCarthy had been involved in some violence which the jury would have to consider, Mr Ó Dúnlaing said, but added there was "a difference between defending yourself and having a straightener".
At the time of the fight in the foyer both accused were walking past outside the pub and there was an engagement with Mr McCarthy, the jury was told.
Mr Ó Dúnlaing said that Mr McCarthy received a number of blows from Mr Kavanagh and was then punched by Mr Dunne with enough force to knock him to the ground before being kicked in the head with force by Mr Dunne.
He said that, by the time emergency services arrived, Dylan McCarthy was unresponsive and was pronounced dead the following day.
It was the prosecution’s case, Mr Ó Dúnlaing said, that Mr Kavanagh and Mr Dunne caused the injuries which led to his death.
A post-mortem revealed he had suffered a severed artery leading to a severe traumatic brain injury.
Mr Ó Dúnlaing told the jury that it would have to consider the issue of self-defence as both accused had been interviewed by gardaí and said they were acting in self-defence.
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He said it was the prosecution’s case that Dylan McCarthy was not posing a threat at the time he was lying on the ground and "viciously kicked" in the head.
He told the jury it would have to decide if either accused had intended to kill or cause serious harm to Mr McCarthy. He said intention could be formed in an instant.
The court was also told that the prosecution will say Sean Kavanagh also assaulted Dylan’s McCarthy’s father, Eamon, causing him harm.
Both accused are also charged with violent disorder.
They have pleaded not guilty to all charges. The trial is expected to last up to two weeks.
