Witness tells jury Dylan McCarthy was kicked in the head as he tried to help him up following assault

Fiona Magennis

A witness has told a murder trial jury that he tried to help Dylan McCarthy up off the ground after he had been “punched” before the 29-year-old was kicked in the head, fell to the ground and his eyes “rolled back into his head”.

Sean Kavanagh (26) with an address at St Mary’s Lane, Church Avenue, and Calvin Dunne (24) of Abbey View, both in Monasterevin, Co Kildare, have pleaded not guilty to the murder of Mr McCarthy on or about August 22nd, 2022.

Both men have also pleaded not guilty to violent disorder on August 21st, 2022, at Dublin Road, Monasterevin, while Mr Kavanagh has pleaded not guilty to a charge of assault causing harm to Dylan’s father Eamon McCarthy on the same date and at the same location.

It is the State’s case that Dylan McCarthy (29) died following an incident in Monasterevin in which he received punches from Mr Kavanagh and Mr Dunne, before he received “a vicious kick” to the head from Mr Dunne while he was attempting to get up off the ground.

The jury has been told that both men have claimed they were acting in self-defence and that Dylan McCarthy was himself “involved in violence” on the night.

David O’Neill told prosecuting counsel Seoirse Ó Dúnlaing SC on Tuesday that on the night in question, he was walking towards Dublin Street when he saw a group of about 10 or 15 people outside the Bellyard pub and a man lying on the ground.

Asked by counsel how the man, who he now knows to be Dylan McCarthy, had ended up on the ground, Mr O’Neill said he was “punched”.

The witness said he was about two feet from the man and 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 to counsel that he heard a noise just after Mr McCarthy was kicked and the noise had sounded “like a car door”.

Mr O’Neill said he tried to help the man while a girl, who he assumed was one of Mr McCarthy’s relatives, was screaming nearby. The witness said he spoke to the girl and told her he was trying to help Mr McCarthy and he then called an ambulance.

Mr O’Neill said there were a number of people in the area at the time, including one of 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.

Asked by counsel if he had seen who had punched Mr McCarthy to the ground, the witness said he wasn’t “certain” 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.

Asked to describe his state at the time, the witness said he was “highly intoxicated”.

Mr Fitzgerald put it to the witness that in his garda statement he said Mr McCarthy had been kicked in the left hand side of his face/mouth/jaw.

He said this was three different locations and asked Mr O’Neill, “Is it the case you can’t remember precisely where he connected with him?”

“That’s very possible,” Mr O’Neill replied, going on to confirm it was “possible” Mr Dunne had connected with Mr McCarthy’s chest rather than his face.

The jury has heard that Mr Dunne told gardaí that he “lightly kicked” Mr McCarthy to what he believed was “the chest area”.

Ms Justice Caroline Biggs told the jury that the prosecution case has now concluded and said the trial will shortly be moving into the closing speeches stage.

The trial continues on Wednesday before Ms Justice Biggs and the jury of 10 men and two women.