Two men charged with the murder of Dylan McCarthy in Kildare in 2022 have claimed that they were acting in self-defence when one of the men "took a running kick" at Mr McCarthy while he was on the ground, a Central Criminal Court jury has heard.
It is the State’s case that Mr McCarthy (29) died following an incident in Monasterevin in which he received punches from Sean Kavanagh (26) and Calvin Dunne (24), before he received “a vicious kick” to the head from Mr Dunne while he was attempting to get up off the ground.
The jury has been told that both men have claimed they were acting in self-defence and that Mr McCarthy was himself “involved in violence” on the night.
Mr Kavanagh (26) with an address at St Mary’s Lane, Church Avenue, and Mr Dunne (24) of Abbey View, both in Monasterevin, Co Kildare, have pleaded not guilty to the murder of Mr McCarthy on or about August 22nd, 2022.
They have also pleaded not guilty to violent disorder on August 21st, 2022, at Dublin Road, Monasterevin, while Mr Kavanagh has pleaded not guilty to a charge of assault causing harm on Eamon McCarthy, the father of the deceased, on the same date and at the same location.
In his opening speech on Thursday, counsel for the Director of Public Prosecutions, Seoirse O’Dúnlaing SC, told the jury that both accused were interviewed by gardaí and made assertions that during the incident, Mr McCarthy received a number of punches from Mr Kavanagh and one from Mr Dunne that knocked him to the ground.
Mr O’Dúnlaing said that Mr Dunne then kicked Mr McCarthy’s exposed head, and when ambulance personnel arrived at the scene, Mr McCarthy was unresponsive, so he was brought to hospital. The next day he was pronounced dead, with the prosecution saying that the two accused inflicted the injuries that caused his death.
Each accused has maintained they were acting in self-defence, with Mr O’Dúnlaing saying that it is for the prosecution to disprove this beyond reasonable doubt.
Mr O’Dúnlaing said that on the night, Dylan McCarthy was in the company of his father, his partner, his sister, and his sister's partner, as they were celebrating the birth of his sister's child.
On the night, parties were ejected from the Bellyard pub and, as Mr McCarthy was being removed along with his father, a fight broke out in the foyer.
Mr O’Dúnlaing said that Mr Kavanagh and Mr Dunne were walking by the premises, with CCTV footage showing Mr Kavanagh landing a number of punches on Dylan McCarthy, “who was himself involved in violence”.
Mr O’Dúnlaing said that Mr Dunne hit Dylan McCarthy a punch with enough force to knock him to the ground, going on to tell the jury that it is the prosecution case that when Mr McCarthy was on the ground pushing himself to get back up, Mr Dunne took a kick at his head area.
He told the jury they would hear evidence from State pathologist Dr Heidi Okkers that Mr McCarthy suffered a subdural haemorrhage that caused his death.
He went on to tell them that it was not enough for a conviction of murder that the actions of the accused were a contributing factor to Mr McCarthy’s death, as the prosecution must also establish that they intended to kill or cause serious injury.
Counsel said that it is not the case that the two accused set out to kill Mr McCarthy, but premeditation is not needed, as intention can be formed in an instant.
He told the jury that they must be satisfied beyond a reasonable doubt that Mr Dunne had the intention to cause a serious head injury when “he took a running kick” at Mr McCarthy.

Concerning the charge of assault causing harm faced by Mr Kavanagh, Mr O’Dúnlaing told the jury that after Dylan McCarthy was rendered unconscious “from a vicious kick”, his father, Eamon McCarthy walked away, before Mr Kavanagh went up to him and landed a punch that knocked him to the ground.
The jury also viewed CCTV footage from inside and outside the pub on the night, which shows the movements of the two accused, as well as Dylan and Eamon McCarthy and members of his family.
Garda Declan Murphy, of Newbridge Garda Station, gave evidence that at one point, the footage shows Dylan McCarthy in the doorway of the pub. The garda said that the footage also showed “an altercation at the doorway”.
The trial continues on Friday before Ms Justice Caroline Biggs and the jury of 10 men and two women.