It is not possible to determine whether a punch or kick caused the fatal injury that led to the death of Dylan McCarthy, a Central Criminal Court jury has heard.
State pathologist Dr Heidi Okkers on Thursday told the jury that 29-year-old Mr McCarthy died as the result of a traumatic head injury and spinal injury caused by blunt force trauma, but she was unable to determine what blow caused the injury.
It is the State’s case that Mr McCarthy died following an incident outside a public house in a Kildare town in which he received punches from Sean Kavanagh (26) and Calvin Dunne (24), before he received “a vicious kick” to the head from Mr Dunne while he was attempting to get up off the ground. An 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 has been told that both men have claimed they were acting in self-defence and that Mr McCarthy was himself “involved in violence” on the night.
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Mr Kavanagh (26) with an address at St Mary’s Lane, Church Avenue, and Mr 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.
They 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 on Eamon McCarthy, the father of the deceased, on the same date and at the same location.
The trial continues next Monday before Ms Justice Caroline Biggs and the jury of 10 men and two women.
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