A 15-year-old boy has told Dublin Circuit Criminal Court he witnessed his father's death as the truck in which he was a passenger hit him and drove on with him still trapped underneath.
"The truck felt bumpy, like a plane going through turbulence," he told Mr George Birmingham SC, prosecuting.
Gary Malone, one of twin boys, was giving evidence in the trial of his uncle-in-law, Mr Steven Graysmark, who has denied the manslaughter of Mr James Malone, and dangerous and drunk driving causing his death on August 29th, 1999, on Fonthill Road South, Rathfarnham, Dublin.
The boy told the jury that, minutes after the incident, Mr Graysmark told him: "Don't hold it against me."
He said the incident was the day after his 14th birthday. There had been a family celebration, and his cousins, Mr Graysmark and his aunt's children had stayed over for the night. Mr Graysmark came to collect his children the following day.
Gary said he was at home with his twin brother, Wayne, and four-year-old brother, Ryan, when the defendant and his mother came back to the house about midnight.
They asked the boys to get into the truck. They were told they were going to the defendant's house on Sundale Avenue, Tallaght, for the night because there was "some trouble" with his father.
He said he spotted his father on the footpath, walking shirtless on Fonthill Road. The next thing a stone hit the windscreen.
Gary told Mr Birmingham that Mr Graysmark got out of the truck. Shortly afterwards Mr Graysmark came back and they headed towards Ronanstown Garda station. He then saw his father again standing on a grass verge on the side of the road.
Gary said the truck went up on the footpath, and his father moved away. The truck stopped, and he saw his father and Mr Graysmark having a "boxing match" on the street.
After the fight his father started walking towards Lucan, and Mr Graysmark returned to the truck. This time he did a Uturn back towards Tallaght, instead of toward Ronanstown Garda station.
Gary said his mother had instructed them to put their heads under the blanket which she had brought for the baby, but he could still see the road from under it.
He saw his father, who was now standing in the middle of the road, waving his arms as if he was saying "Come on, come on" to the truck.
"The truck started moving, and I could still see my father, waving his hands. Then there was a bang as the truck made contact with him," Gary said.
He said the truck did not stop until a taxi-driver stopped his car in front of it, forcing Mr Graysmark to stop.
Several civilian witnesses who were driving past the scene described the deceased man as "aggressive".
They all agreed with Mr Peter Charleton SC, defending, that Mr Graysmark appeared reluctant to fight Mr Malone.
