A 23-year-old man who was hospitalised for 13 months following an attack of which he has no memory is now in a wheelchair and has had part of his skull replaced, a Dublin Circuit Criminal Court jury has heard.
David Fox, who is paralysed down the left side of his body, told the jury he had no injuries before leaving a pub in which he was celebrating a friend's birthday four years ago.
Eoin Hogan (23), of Ballyogan Wood, Carrickmines, and Murray Cummings (21), of Lower Kilmacud Road, Stillorgan, have pleaded not guilty to assault causing Mr Fox harm and to intentionally or recklessly causing him serious harm on Taney Road, Dundrum, on August 14th, 2002.
Dominic McGinn, prosecuting, told the jury that a number of youths, including Mr Fox, had been out drinking in the Goat pub on Taney Road on August 14th, 2002. He said the group was behaving in a "rowdy manner" and were opposite the Shell filling station on Taney Road, when they came across a group of three men, including Mr Hogan and Mr Cummings, who had not been out with them earlier.
Mr McGinn said words were exchanged between these men and the group which escalated to insulting comments and led to a scuffle breaking out among them.
He said it would be the prosecution case that at some stage Mr Fox was knocked to the ground where he was kicked in the head by men and left him with serious injuries. He said the State believes Mr Hogan and Mr Cummings were responsible for, or took part in, the assault.
Mr McGinn advised the jury there would be evidence that Mr Fox's group started the violence, but he said that this did not entitle anyone to assault him in the manner he was attacked.
Mr McGinn told the jury it was likely that there would be an issue as to whether the accused men were responsible for the injuries sustained by Mr Fox and whether they intentionally or recklessly intended to cause him that harm. Mr Fox said he cannot remember anything after leaving the pub in good form after a few drinks until he later woke up in St Vincent's Hospital.
Under cross-examination by Conor Devally SC, defending Hogan, he said that although he had no memory of events, he accepted that one of his friends said he had consumed six to eight pints of Budweiser and was throwing rocks at a car wash in a nearby petrol station.
Mr Devally suggested than rather than being in a good mood Mr Fox was aggressive and wanted to do damage to something or somebody. Mr Fox denied this and said his behaviour was stupid and childish.
Mr Fox said he could not remember that he had been convicted of being drunk in a public place five months before receiving his injuries and disagreed with Mr Devally's suggestion that when drunk others may have found him "aggressive, troublesome and a handful".
The trial continues.