Murder accused denies racist remark

The two have also pleaded not guilty to assault causing harm to Mr Wei Dong (aged 36), at Temple Bar, Dublin on August 16, 2002.

The accused Harmer took the stand today.

The court heard how Harmer, originally from Staffordshire in the UK, came to Ireland two years prior to the incident with his uncle and brother because they had heard that plasterers made "three times the money" in Ireland. His family left a few weeks later, but Harmer stayed.

"I sold my tools to my brother and uncle so I could afford to set up a life here," Harmer said.

He eventually found work as a doorman and moved in with a girlfriend in Howth. A year later, he moved to a flat and then to the Abbey Court Hostel, where he became acquainted with his co-accused.

He said he knew O'Flaherty only "two to three weeks" before the incident. "It wasn't the pair of us who became pally. It was a group of us. Sometimes Noel was there, sometimes he wasn't."

Harmer described the night of the incident: "It was a good night. We were in good humour, had a laugh, and we met some nice girls," he said.

He and O'Flaherty were on their way back to the hostel in the early hours of August 16 when they "encountered two men on the road walking towards us", said Harmer.

"There was an argument and words were exchanged between Noel and a man. Punches were flying and I jumped in to help Noel. The Chinese men were coming after us," he said.

"As we were trying to walk away, the Chinese man started coming after us. So we turned around and started fighting again," he added.

The entire incident was over "in a flash".

"It has been suggested that the fight started because you made a racist remark. Did you make a racist remark?" Harmer's counsel, Mr Peter Finlay SC, asked.

"No, I didn't. I am not a racist. I didn't make any remark," Harmer replied.

Harmer agreed with Mr Finlay that he was "almost certain" a man he hit got up. Harmer admitted throwing two or three punches and kicking a man on the side, by the kidney, during the incident.

He denied that either he or O'Flaherty were "deliberately aggressive or violent" toward the two Chinese men.

Harmer remembered "a man hitting his head on the ground".

"I don't know if I hit him, if Noel hit him or if he just fell," Harmer said.

O'Flaherty's counsel, Mr Brendan Grehan SC, said: "I suggest to you that you are mistaken about how the incident began. Can you recall how it happened?"

"All I remember is Mr O'Flaherty and one of the Chinese men arguing about something," Harmer replied.

Mr Grehan then suggested Harmer "made a comment" as the Chinese men came by.

"No, I didn't," Harmer said.

Mr Grehan told the accused that his client, O'Flaherty, "got involved in this whole escapade to try and make you leave the scene".

"That is not correct in my memory," Harmer said.

Cross-examined by prosecution, Harmer contradicted eye-witness accounts that a man fitting his description was seen kicking a Chinese man on the ground. "I just know I did not kick the man who was on the ground, I am 100% sure of that," Harmer said.

Mr O'Connell said there were "fundamental differences" between Harmer and O'Flaherty's accounts of how the fight started. Harmer agreed.

Harmer then said he "may have made a silly remark at some point of the fight". He denied the "silly" remark was racist.

Asked who threw the first punch, Harmer said: "I think one of the Chinese men did. At Noel."

"Are you aware that Noel O'Flaherty completely disagrees with you on that?" prosecution asked.

"Yes, I am," Harmer replied.

The trial continues on Monday before Mr Justice Paul Butler.