The jury in a trial of two Dublin students accused of assaulting a man now confined to a wheelchair has been discharged after failing to reach a verdict after over eight hours of deliberations.
Murray Cummings (20), Lower Kilmacud Road, Stillorgan and Eoin Hogan (23) Ballyogan Wood, Carrickmines, have denied intentionally or recklessly causing David Fox (22) serious harm at Taney Road, Dundrum, on August 14th, 2002.
At Dublin Circuit Criminal Court Mr Hogan and Mr Cummings were remanded on bail to December 2nd when their case will be mentioned to decide if a date for a retrial will be set.
Dr Nicola Ryall of the National Rehabilitation Centre said that Mr Fox will need 24-hour supervision and care for the rest of his life. He was found to have extensive bruising and bleeding in his brain and had four fractures, two to his eye socket and one each to the back and front of his head.
Mr Fox could not remember the assault on him and said the first thing he could recall was waking up in hospital paralysed on the left side of his body.
Mr Hogan admitted to kicking Mr Fox once in the head as he lay of the ground but he told the jury he was "petrified" and in "fear of his life". He also said that he saw Murray Cummings kick the victim once in the head when he was on the ground.
Mr Hogan said the trouble began when one of Mr Fox's friends, John Paul Roberts, head butted him as he was walking home with Murray and his brother Rory Cummings through the Shell garage on Taney Road. He was then surrounded by another four men, including the victim, who started to punch him in the head and kick him in the body.
Mr Cummings denied in evidence that he kicked Mr Fox in the head and said he didn't even see the victim on the ground.
He admitted that he been involved in a scuffle.