A medical witness has told a Dublin Circuit Criminal Court jury that he had to remove part of an assault victim's damaged brain to prevent him from dying.
Prof Ciarán Bolger, consultant neurologist at Beaumont hospital, said David Fox (22), who is in a wheelchair because of the assault, was "in the deepest level of coma" when admitted.
Prof Bolger was giving evidence in the trial of Murray Cummings (20) of Lower Kilmacud Road, Stillorgan, and Eoin Hogan (23) of Ballyogan Wood, Carrickmines, who have denied assaulting Mr Fox at Taney Road, Dundrum, on August 14th, 2002.
He told prosecuting counsel Dominic McGinn, that the brain was swollen and needed more room within the skull. Dilation of Mr Fox's pupils showed the brain had stopped its activity which was a sign of his impending death. The pupils came back to normal after surgery.
Det Sgt Seán Campbell told the jury that Mr Cummings, who was 17 at the time of the assault, admitted to gardaí he had been fighting with Mr Fox but denied deliberately kicking him in the head. He accepted that he had kicked Mr Fox in the chest but said it was during a confrontation when both men were "trying to knee each other" and during which, he claimed, Mr Fox told him he "was dead" and that he was "going to stab him".
Det Sgt Campbell said Mr Cummings claimed that he, his brother, Rory, and Eoin Hogan, had been walking through the Quick Fit Garage on Taney Road, when John Paul Roberts, a friend of Mr Fox's, ran towards them and headbutted Mr Hogan.
Mr Cummings told gardaí that Mr Roberts was quickly followed by four other men from a neighbouring housing estate, Rosemount, and they too attacked Mr Hogan. He tried to walk away but "Rory went to help Eoin out".
The fighting continued and at one stage Rory Cummings was being pushed by a group of three people. He said he went to his brother's aid but that resulted in both he and Rory falling.
Mr Cummings told Det Sgt Campbell he managed to get up again and noticed that David Fox was hitting Rory while he was on the ground. He could not be sure if he kicked Mr Fox while he was pushing him because he was looking the other way but he admitted he still "had his leg out".