Two men have changed their plea and admitted to a lesser charge of assaulting a cyclist causing him harm in 2003.
Dermot Cooper (28), a student, Fosterbrook, Stillorgan, and Stephen Nugent (23), a tennis coach, St Werburgh's, Swords, both in Dublin, pleaded guilty yesterday to assault causing harm to Barry Duggan in April 2003. It was day five of the trial at Dublin Circuit Criminal Court.
Both had pleaded not guilty to assault causing serious harm to Mr Duggan (37).
Luan Ó Braonáin, prosecuting, told Judge Donagh McDonagh that this change of plea to the lesser offence was acceptable to the Director of Public Prosecutions.
Judge McDonagh discharged the jurors and thanked the members for their time, before inviting them to stay if they wished to see how the case progressed.
Michael O'Higgins SC, defending Cooper, apologised on his client's behalf for the injuries caused to Mr Duggan and his conduct on the night, particularly for fleeing the scene.
Patrick Gageby SC, defending Nugent, told Judge McDonagh this was a complicated case and he asked for time before sentencing, as he had a number of character references to gather for his client.
Judge McDonagh remanded Nugent and Cooper on continuing bail for sentence on July 25th and ordered the preparation of a victim impact report.
On Wednesday, orthopaedic surgeon Mr Hugh Smith told the court that the victim was lucky to have survived the assault.
Mr Smith said Mr Duggan was admitted to accident and emergency in St James's Hospital with a severe head injury, which led to bleeding within and around his brain. He also suffered bruising to his brain and a fracture to his skull, eye socket and cheekbone.
Mr Duggan spent two weeks in intensive care before he was transferred to the orthopaedic unit. He was discharged in May 2003, but was under the continued care of a speech therapist, an occupational therapist and a physiotherapist until that October.
Under cross-examination, Mr Smith agreed with Mr Gageby that the brain injury was consistent with a person falling and hitting their head off the ground.
The surgeon said neither a punch nor a kick to the head would be likely to cause the brain injuries suffered. It was more likely they occurred when Mr Duggan's head hit the ground.