A 19-year-old Dublin man died as a result of injuries sustained in an assault by three men, not from ecstasy he took prior to the incident, the Central Criminal Court heard today.
The State Pathologist Dr John Harbison said ecstasy had not contributed to the death of Brian Mulvaney. He agreed with prosecuting counsel Mr Tom O'Connell that if Mr Mulvaney hadn't suffered extensive physical injuries he would not have died.
However, this was disputed in independent evidence by defence counsel Ms Mary Ellen Ring SC. She indicated that her expert witness will give evidence that the "injuries of themselves could not have rendered Brian Mulvaney unconscious for any period of time" and that the drugs in his system must be taken into account.
Dr Harbison was giving evidence on the seventh day of the trial of Mr Brian Willoughby (24), Orwell Park, Templeogue, Mr Neal Barbour, (20), Domville Road, Templeogue and another teenager, who cannot be named for legal reasons. The three deny the murder of Mr Brian Mulvaney of Firhouse, Dublin on March 11th, 2000 at Templeogue.
Dr Bridin Brady, a senior chemist in the State laboratory told the court that both ecstasy and cannabis were found in the blood of the deceased. Under cross-examination by Mr Michael McMahon SC for Brian Willoughby, she said that every individual has a different response to ecstasy.
Dr Brady added that the level of the drug in the blood of the deceased was "within the level in which people have died", but said there were also cases where persons had taken "significantly higher levels" and did not die.
The prosecution case has now concluded and the defence will begin tomorrow.