Cyclist was berserk, accused tells court

A student charged with causing serious harm to a Sligo man in Dublin two years ago told gardaí the victim was "berserk, massively…

A student charged with causing serious harm to a Sligo man in Dublin two years ago told gardaí the victim was "berserk, massively aggressive and totally out of control".

Dermot Cooper told gardaí after his arrest that the alleged victim was intoxicated and "comically" cycling his bike in circles before he struck his brother, Seán, and attacked his friend and co-accused Stephen Nugent on Grafton Street after the three of them passed by him.

Luan Ó Braonáin, prosecuting, read Mr Cooper's statement to Dublin Circuit Criminal Court in the hearing in which Mr Cooper (28), of Fosterbrook, Stillorgan, and Mr Nugent (23), of St Werburgh's, Swords, have pleaded not guilty to assault causing serious harm to Barry Duggan on April 13th, 2003.

Mr Cooper told gardaí he and his companions were laughing among themselves at Mr Duggan's endeavours to cycle his bike but denied laughing at him directly and shouting at him.

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Mr Cooper said Mr Duggan then ran after the group, and struck his brother before he attacked Mr Nugent which led to him squaring up to the man in a defensive manner because he was afraid he would attack all three men.

Mr Cooper claimed Mr Nugent and Mr Duggan moved on to Lemon Street. He was afraid for his friend's safety and followed the two, stood between them and shouted at Mr Duggan to leave his friend alone.

He claimed Mr Duggan then charged him so he raised his leg in a defensive manner. He thought the kick connected with the cyclist's upper body but did not believe it was possible that it connected with his face.

Mr Cooper said the man was stunned, and that four or five men then came charging in. He was unsure whether these men were "friend or foe" so he, Mr Nugent and his brother left. He did not believe the man was left badly injured but did notice he was left slumped from the kick.

Mr Cooper said he was shocked when he heard the next day that the cyclist was in a serious condition.He told gardaí he never heard the cyclist shout: "Leave me alone." He said he did not see Mr Nugent punch the man, and he did not believe the cyclist could not defend himself.

Mr Cooper estimated that the cyclist was 5ft 4ins to 5ft 8ins and said that he was 6ft 2ins.

Earlier, Keith Wood told Mr Ó Braonáin he was walking up Grafton Street when he noticed three men walking in front of him. He said he heard them shout "asshole" and "cabbage" as they walked past a man on the ground with his bike.

Mr Wood said he then saw the cyclist get up and approach the three men. He saw the cyclist and a taller man pushing at each other. They then began to punch each other. Mr Wood said he would describe the activity between the men as a "a scuffle or a fight".

The trial continues before Judge Donagh McDonagh and a jury of four women and eight men.