Man paralysed in assault 'was part of gang involved in earlier attack'
A man paralysed following an assault was among a south Dublin estate gang that earlier attacked a rival group which included one of the two accused men in a trial, a jury has been told.
The Dublin Circuit Criminal Court jury has also heard that the now-wheelchair bound victim was kicked three times in the head by "a man wearing dark clothes and white runners".
Mr Eoin Hogan (aged 23), of Ballyogan Wood, Carrickmines and Mr Murray Cummings (aged 20), of Lower Kilmacud Road, Stillorgan, have denied assaulting Mr David Fox causing him harm and intentionally or recklessly causing him serious harm on Taney Road, Dundrum, on August 14, 2002.
Ms Caitriona Kavanagh told Mr Michael Bowman BL (with Mr Anthony Sammon SC), defending Mr Hogan, that when "a man wearing dark clothes and white runners" kicked Mr Fox in the head three times, another kicked him in the leg, but she could not describe what this man was wearing.
Mr Sean Losty told Mr Dominic McGinn BL, prosecuting, that Mr Cummings sent a text message to his brother, Cathal Losty, saying "the Rosers had started on them" while on their way home. They both took this to mean that that "lads from the Rosemount Estate" had started a fight with them.
He phoned Mr Cummings who told them that while he, his brother Rory, and Mr Hogan were going through the Quick Fix garage on Taney Road they met with "five fellas from Rosemount" who continued to shout abuse at them despite their efforts to walk away.
Mr Losty said Mr Cummings claimed that "a man from Rosemount called John Paul Roberts", head-butted Mr Hogan. They still tried to walk away but then Rory Cummings fell to the ground where he was kicked in the head by people, including Mr Fox.
Earlier, Mr Cathal Losty told Mr Bowman that two weeks prior to the assault on Mr Fox, he was with a couple of friends, including Mr Hogan, in a field in Taney when "13 or 15 people arrived from Rosemount armed with bars and bats".
He said he had been earlier told that "Stephen Murphy from Rosemount" was going to fight with one of his (witness) friends whom it was alleged "was looking to beat up David Fox".
Mr Losty said he and his friends managed to get the weapons from the "Rosemount gang" and throw them away before chasing them out of the field. While they were doing this, Mr Hogan was hit on the back of his head with a "moped helmet". He fell to the ground but was able to get up again.
They then met with gardaí and told them what happened before picking up "the weapons that had been used by the lads from Rosemount" and putting them in an unmarked garda car.
Mr Losty agreed with Mr Colman Fitzgerald SC (with Ms Marie Torrens BL), that Mr Cummings was not in the field in Taney that day.
The trial continues before Judge Joseph Matthews and a jury of five women and seven men.
