Man died six days after hitting head, trial told

Ms Mary Rose Gearty BL, prosecuting, told the jury in her opening address that the evidence will be that Mr Byrne hit Mr Sherwood once in the face after the pair argued in the car park of the hotel on the night of Mr Byrne’s sister’s wedding.

Mr Sherwood was the boyfriend of Catherine Byrne, another sister of the accused, and the incident happened after they had argued inside the hotel and the deceased then left and an altercation occurred with Mr Byrne in the car park.

Ronan Byrne, aged 24, from South Quay, Arklow, has pleaded not guilty to unlawfully killing 29-year-old Mr Sherwood on September 15, 2000.

He also denies assaulting him causing him harm on September 9, 2000.

Ms Catherine Byrne told Ms Gearty that on the night of the wedding of Barbara Byrne and Derek Walsh, Mr Sherwood felt a bit left out because he knew no one there after many of his friends who were supposed to arrive at the reception later never showed up.

The couple had an argument in their room in the hotel because he wanted them to leave to go to a nightclub in Arklow.

Ms Byrne said her sister would have gone mad if she left and pleaded with Mr Sherwood to stay for just one night.

He stormed out of the room and the hotel, saying he was going to walk to Arklow.

The witness said she went after him and met her brother Ronan Byrne at the hotel’s reception. She told him to go after Mr Sherwood and stop him from leaving.

The witness said she ran out in to the car park and saw Mr Byrne punch Mr Sherwood once in the face and he fell to the ground.

Ms Byrne said her boyfriend had blood on his lip and the back of his head.

The witness said that anybody who passed didn’t seem to care about Mr Sherwood and they couldn’t get a taxi.

Eventually Des Walsh, the father of the groom, turned up and drove the three people back to the home of Catherine Byrne and John Sherwood.

The witness added that the deceased got sick when they were back in the house and the following day he was a bit groggy and could hardly speak.

She just assumed it was the drink from the night before. The day after he was even worse and she called an ambulance.

Mr Sherwood refused to get into an ambulance and Ms Byrne said she phoned his mother. A second ambulance arrived and the deceased was accompanied to Loughlinstown Hospital by his mother before being moved to St Vincent’s for a cat-scan.

He was later moved to Beaumont Hospital where he died on September 15.

Ms Byrne told Mr Roger Sweetman SC, defending, in cross-examination, that her boyfriend had a dose of the snuffles in the days leading up to the wedding.

She denied that he had had a chest infection.

Mr Des Walsh, who gave the couple and the accused a lift, told Ms Gearty that he was driving back to the hotel with Mr Byrne, who kept shaking his wrist.

He asked what was wrong and the accused told him that he punched Mr Sherwood once.

Mr Walsh said he shouldn’t have, to which Mr Byrne replied: "He can’t assault my sister. He’s done it many times."

Kevin Byrne, a brother of the accused, told the court that he was in the car park before the incident happened.

He said he remembered Mr Sherwood coming out of the hotel and saying something like: "Catherine’s mad".

He then saw the deceased and his brother talking and they seemed to be arguing. Kevin Byrne said Mr Sherwood went to head-butt Ronan Byrne and the accused hit him.

He said he saw blood coming from the dead man’s lip and he was moaning. There was a very loud thud when he hit the ground.

The witness told Mr Sweetman, in cross-examination, that he saw the argument progress in to what it became.

They were arguing for about half a minute but were not nose to nose. There was about a foot between them.

He added that Mr Sherwood was about to head-butt Mr Byrne and his brother just hit him once.

The trial continues for Judge Frank O’Donnell and a jury of eight women and four men.