A jury at Dublin Circuit Criminal Court yesterday acquitted a second Dublin student who was accused of an assault which has resulted in the victim being confined to a wheelchair.
Eoin Hogan (23), Ballyogan Wood, Carrickmines, was found not guilty by the jury after almost 9½ hours' deliberation on day 15 of the trial and was discharged by Judge Michael White. His co-accused, Murray Cummings (20), Lr Kilmacud Road, Stillorgan, was acquitted on Thursday.
Both men denied intentionally or recklessly causing serious harm to David Fox (22), at Taney Road, Dundrum, in August 2002.
Judge White thanked the members of the jury for their service and said it was a credit to them that they gave such consideration to what he described as "one of the most difficult and tragic cases he had ever experienced".
He excused them from service for 12 years.
During the trial, Mr Hogan admitted to kicking Mr Fox in the head while he lay on the ground but said it was a "knee-jerk" reaction while "petrified".
Mr Cummings denied that he kicked Mr Fox in the head but said that he pulled Mr Fox off his brother because he had been kicking Rory as he lay on the ground.
Mr Hogan said he was walking home through a petrol station forecourt with Murray and Rory Cummings when he was head-butted by John Paul Roberts, a friend of Mr Fox. He said Mr Roberts, Mr Fox and Stephen Drury encircled him and threw punches and kicks. "I was terrified that if I went down I would die," he said.
Mr Hogan said he felt matters had taken a serious turn and he saw Mr Fox go to kick Rory Cummings in the head so he pushed Mr Fox away and punched Mr Roberts. He said Mr Fox fell to the ground and hit his head off the concrete as another man ran towards them, "I flipped, I lost it and kicked David Fox once in the head, so did Murray Cummings."
Mr Cummings said as he pulled Mr Fox away from his brother the man kicked him so he started backing away. At this point Mr Fox told him that he was "dead" and he was "going to stab him".
He admitted that he and Mr Fox got into a scuffle but he pushed Mr Fox off him. He accepted that as the man was falling to the ground he may have kicked or punched him.
Dr Nicola Ryall of the National Rehabilitation Centre said that Mr Fox was found to have extensive bruising and bleeding in his brain and had multiple fractures to his skull. He later had to have part of his skull cut open to allow surgeons to access the brain tissue underneath. They also had to remove part of his brain because it was so extensively damaged. She said that Mr Fox's recovery had reached a plateau and although he required further physiotherapy, his cognitive and physical abilities were unlikely to improve.
Statement: Fox family
Statement read by solicitor Jessica Goldrick outside court on behalf of the Fox family:
"The last four years have been immensely difficult for David and his family.
"They had hoped that a guilty verdict returned today by the jury would have helped bring closure to a horrific event which has left David with permanent and debilitating injuries as well as being a wheelchair user and dependent for the rest of his life.
"This verdict has been a tremendous setback in the healing process, but they hope and pray that they will find the strength to overcome the hurdles and challenges.
"They would like to thank the members of the Garda from Dundrum and Blackrock and in particular Det Sgt Seán Campbell and Garda Geraldine Higgins for their support, for their assistance throughout their ordeal."
Asked if it was likely the family would take a civil action, Ms Goldrick said she could not comment at this time.