One of two men accused of the murder of Dylan McCarthy in Monasterevin, Co Kildare, in 2022 has been found not guilty by direction of the trial judge.
Ms Justice Caroline Biggs on Wednesday informed the jury at the Central Criminal Court that the Director of Public Prosecutions had indicated no opposition to an application by Sean Kavanagh’s legal team for the 26-year-old to be found not guilty of murder arising out of an incident at Dublin Road in the town on August 21st, 2022.
She told the jury they were to record on their issue paper that Mr Kavanagh was not guilty of murder by the direction of the trial judge, but that he would remain within the case until the jury gives their verdict.
Kavanagh, of St Mary’s Lane, Church Avenue, Monasterevin, and Calvin Dunne (24), of Abbey View, Monasterevin, had pleaded not guilty to the murder of Mr McCarthy (29) on or about August 22nd, 2022.
Plane with 64 onboard crashes near Washington DC after collision with military helicopter
Five security steps you need to take now on your phone
Ireland name team to play England: Live updates as Sam Prendergast picked to start at 10 for Six Nations opener
Finn McRedmond: I am tired of explaining Michael D Higgins’s words to incredulous English people
They also pleaded not guilty to violent disorder on August 21st, 2022, at Dublin Road, Monasterevin. Kavanagh also pleaded not guilty to a charge of assault causing harm on Eamon McCarthy on the same date and at the same location.
Kavanagh was rearraigned and pleaded guilty to the charge of assault causing harm to Eamon McCarthy. The charge of violent disorder was taken into consideration.
The jury previously heard that Kavanagh told gardaí that after a “fight spilled out on to the street” from the Bellyard pub, a large man in his 50s attacked him and got him in a headlock, which caused him to feel “extremely fearful” for his safety.
He said he got out of the headlock before “punches were exchanged”. He said the man in his 50s was still shouting and roaring at him with his hands raised, so Kavanagh defended himself and punched the man.
He told gardaí that he believed his only interaction with Dylan McCarthy was attempting to stop him assaulting a friend of his.
“I believe if I did not take those actions, I was likely to be significantly assaulted,” said Kavanagh.
At the opening of the trial, prosecution counsel Seoirse Ó Dúnlaing SC said it was the State’s case that Dylan McCarthy died following an incident outside the pub in which he received punches from 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.
An eyewitness told the jury that there was “a loud thud” like someone “kicking a football” when Mr McCarthy was struck in the head.
State Pathologist Dr Heidi Okkers has told the jury that it is not possible to determine whether a punch or kick caused the fatal injury that led to the death of Dylan McCarthy.
The trial continues on Thursday before Ms Justice Biggs and the jury of 10 men and two women.
- Sign up for push alerts and have the best news, analysis and comment delivered directly to your phone
- Join The Irish Times on WhatsApp and stay up to date
- Listen to our Inside Politics podcast for the best political chat and analysis
