Jury in trial of Dylan McCarthy murder accused to deliberate for third day

Ryan Dunne

The jury in the trial of a 24-year-old man accused of murdering Dylan McCarthy during a melee outside a pub in a Kildare town nearly three years ago will continue their deliberations for a third day.

It is the State’s case that Mr McCarthy (29) died following an incident in which he received both punches and “a vicious kick” to the head from Calvin Dunne (24) while he was attempting to get up off the ground. One eyewitness told the jury that there was “a loud thud” like someone “kicking a football” when Mr McCarthy was struck in the head.

The jury heard that Mr Dunne argues he was acting in self-defence and that Mr McCarthy was himself “involved in violence” on the night.

“I only got involved in this fight as Dylan and his party were out of control and extremely violent,” Mr Dunne told gardaí, going on to say that he “lightly kicked” Mr McCarthy to what he believed was “the chest area”.

Mr Dunne (24), of Abbey View, Monasterevin, Co Kildare, has pleaded not guilty to the murder of Mr McCarthy on or about August 22nd, 2022. He has also pleaded not guilty to violent disorder on August 21st, 2022, at Dublin Road, Monasterevin.

At the Central Criminal Court on Wednesday, the jury requested a transcript of the evidence of eyewitness, David O’Neill.

During the trial, Mr O’Neill gave evidence that he saw a group of about 10 or 15 people outside the Bellyard pub and a man lying on the ground.

He said the man, who he now knew to be Dylan McCarthy, had ended up on the ground after he was “punched”. The witness said he went to help him up, but as he did so Mr McCarthy was kicked “in the head”.

He said after Mr McCarthy was kicked, he “fell over onto his back facing up” and his eyes “rolled back into his head”.

He confirmed that he heard a noise just after Mr McCarthy was kicked and the noise had sounded “like a car door” shutting.

Mr O’Neill said there were a number of people in the area at the time, including the accused, Calvin Dunne. Asked what Mr Dunne was doing, the witness said he was “walking away” from a group who were standing close to where Dylan McCarthy was lying on the ground.

The witness said he wasn’t “certain” who had punched Mr McCarthy but when pressed said he was “about 70 per cent” it was Calvin (Dunne).”

Under cross-examination, Mr O’Neill confirmed to John Fitzgerald SC, representing Mr Dunne, that he had been out drinking with friends that day from about 4.30pm and was “highly intoxicated”.

Mr O’Neill confirmed it was “possible” Mr Dunne had connected with Mr McCarthy’s chest rather than his face.

In her legal charge to the jury last week, Ms Justice Caroline Biggs said that there are three verdicts open to them: guilty of murder; not guilty of murder but guilty of manslaughter; or not guilty of murder or manslaughter.

She said that for a verdict of guilty of murder, the jury had to be convinced that Mr Dunne’s actions substantially contributed to the death of Mr McCarthy and that he intended to kill or cause him serious injury.

On the issue of self defence, Ms Justice Biggs said a person may lawfully use force to defend themselves or another person under attack, but the force that can be used is only such as is reasonable in the circumstances as the person believes it to be.

The jury of ten men and two women will continue their deliberations on Thursday.

A co-accused, Sean Kavanagh (26), with an address at St Mary’s Lane, Church Avenue, Monasterevin, pleaded guilty to a charge of assault causing harm on Eamon McCarthy, the father of the deceased, on the same date and at the same location. A charge of violent disorder was taken into consideration.

Ms Justice Caroline Biggs directed the jury to find Kavanagh not guilty of the murder of Dylan McCarthy, a charge he had denied.