AN ECSTASY tablet may have an important factor in the death of a 21 year old man, it was suggested in a manslaughter case at Dublin Circuit Criminal Court.
Philip O'Leary (23), of Churchfield Terrace East, Cork, was jailed for three years after pleading guilty to inflicting an injury on Mr Giles Noonan at Patrick Street, Cork on November 26th, 1993, which caused his death a week later.
Mr Anthony Kennedy SC (with Mr Patrick McCarthy), prosecuting, said brain damage injuries were caused to Mr Noonan when his head hit the ground after O'Leary headbutted him outside Burgerland.
This followed an earlier incident inside the cafe in which Mr Noonan had thrown a cup of coffee in the air and some of it spilled on the defendant and his girlfriend. Mr Noonan was then taken out by his friend.
Det Sgt Thomas Myers agreed with Mr Blaise O'Carroll SC (with Mr Kieran Hughes), defending, that Mr Noonan and his friend had taken ecstasy that night and had been refused entry to two discos.
He agreed ecstasy tended to leave people helpless. Both Mr Noonan and his friend refused to speak to gardai at the hospital.
Mr O'Carroll suggested that if Mr Noonan had not taken the ecstasy his balance might have been better and he might have defended himself in the row with O'Leary. If he had been diagnosed better and treated accordingly the outcome might have been different. His client had not run away from the scene and had reported the incident to gardai who arrived there.
Judge Gerard Buchanan was told Mr Noonan was reluctant to remain in hospital for treatment because of a planned party for his 21st birthday. He was discharged after getting a tetanus injection and advised to return later for a head X ray. His mother put him to bed but he remained ill all night.
The next day he was still sick and complained of headaches. When he was taken back to hospital that afternoon a fractured skull was revealed. His condition worsened and he was put on artificial ventilation in the intensive care unit. He died on December 3rd, 1993.
Det Sgt Myers agreed the defendant's statements were frank and forthcoming. He claimed both Mr Noonan and his friend "came at him" after words were exchanged and he defended himself. He also admitted kicking Mr Noonan on the ground while asking him: "What did you start this for?"
O'Leary was concerned about his victim's condition when gardai came on the scene. He insisted they speak with witnesses to the incident.
Det Sgt Myers said O'Leary had three previous convictions. One was at Dublin Circuit Criminal Court where he was ordered to pay £3,000 compensation to another assault victim.
Judge Buchanan said he accepted O'Leary had not intended to injure Mr Noonan and could not have foreseen the consequences. He noted that no weapon had been used.