A witness has told a jury that one of the accused on trial for assaulting a man now confined to a wheelchair said to him on the phone he had been involved in a fight with the victim.
Murray Cummings (20) Lr Kilmacud Road, Stillorgan, and Eoin Hogan (21), Ballyogan Wood, Carrickmines, both Dublin, have denied assaulting David Fox (22) causing him harm and to intentionally or recklessly causing him serious harm on Taney Road, Dundrum, on August 14th, 2002.
Seán Losty told the Dublin Circuit Criminal Court jury that after he finished work on the night of the assault he joined a group of his friends, including the accused, who had gathered in a field in the Taney Estate to socialise.
He said he left the field with his brother, Cathal Losty, at about 12.15am and the two accused left it at about the same time.
Witness said he spoke to Mr Cummings later that night when his brother Cathal called the accused after receiving a text message from him.
Mr Losty agreed with Conor Devally SC, defending Mr Hogan, that Mr Cummings indicated in that conversation that he had been in a fight with Mr Fox that night.
Mr Losty said that some two weeks earlier a group of youths from the Rosemount Estate using "bats, dumb-bells and moped helmets" as weapons had "set upon" a group from Taney, including witness, his brother and Mr Hogan.
He agreed with Colman Fitzgerald SC, defending, Mr Cummings, that his client was not present on this occasion.