A man who was assaulted after he went out for the night in Dungarvan on St Patrick's Day in 2018 died in hospital six days later from injuries he sustained after he was punched in the face and fell, an inquest has heard.
Cork Coroner's Court heard that a man in his 20s, who had been arrested and pleaded guilty to the manslaughter of Richard O'Leary, of Cois Tra in Dungarvan, Co Waterford, subsequently accidentally drowned before he was sentenced in relation to the incident.
A narrative verdict was recorded at the inquest into the death of Mr O'Leary, 36, who had travelled back to Waterford from Gosport in the UK for a visit with family when the incident happened.
He sustained a traumatic brain injury after an assault took place on TF Meagher Street in the early hours of 18 March 2018.
Coroner Philip Comyn noted that a number of witnesses had not turned up in person for the hearing. He said that a "serious epidemic of illness" must have broken out amongst witnesses who had been called to attend to give oral evidence in the case. As a result of the failure of many witnesses to attend depositions were read in to evidence.
Among those who did present to give evidence was Kirk Sullivan who said that he had bumped into Mr O'Leary in a pub in Dungarvan that night having not seen him in 18 months. They parted ways after a few drinks.
Around 1am he was walking down TF Meagher Street having come out of a pub when he noticed that a man was on the ground. He said that the man, who he realised was Mr O'Leary, was unconscious. An ambulance and gardaí were called to the scene.
Mr Sullivan noted that Mr O'Leary's nose was bleeding, and said he tried to pick Richard up but a woman, whom he believed to be a nurse, placed the injured man in the recovery position. He said that when he had spoken to Richard earlier in the pub he was "in great form".
Other witnesses also recalled that Mr O'Leary was in good spirits that night. Sgt James Fenton said that he was on mobile patrol in the town when Mr O'Leary approached him. He was in "good form, merry and enjoying himself". Mr O'Leary gave the garda two thumbs up.
Two teenagers also told the inquest via deposition that Mr O'Leary had defended them that night when a third party was causing trouble.
The court heard that CCTV footage of the assault was obtained from local businesses in the area.
Det Sgt Phillip Dee, who led the investigation into the incident, said that a verbal dispute had broken out and Mr O'Leary punched a man. The man then punched Mr O'Leary who fell backwards.
"The man pushed Richard O'Leary twice in quick succession causing him to fall."
Richard O'Leary was rendered unconscious by the blow. He was unable to break his fall. Det Sgt Dee said that the man then punched Mr O'Leary in the head when he was on the ground.
The inquest heard that members of the public called 999 and that at 1.06am Mr O'Leary was taken by ambulance to South Tipperary General Hospital.
He was subsequently transferred to Cork University Hospital where operations were carried out. However, he was pronounced dead on 23 March 2018 having suffered a sudden cardiac arrest.
A postmortem examination was carried out by Assistant State Pathologist Dr Margaret Bolster. She said that the primary cause of death was traumatic brain injury as a result of an assault.
The Coroner said that a verdict of unlawful killing was not open to the jury "not because the facts don't justify it" but because the assailant cannot be identified.
Mr Comyn extended his condolences to the family of Mr O'Leary who were in attendance at the inquest.
The jury and Sgt Fergus Twomey also offered their condolences to the O'Leary family on the passing of a much loved son and brother.
