A witness has told the trial of a Dundalk man accused of killing another man in the town on Christmas Eve 2003 that she saw a man jump on and kick a person lying on the ground.
Kenneth Cunningham (31), Woodview Park, Castletown Road, Dundalk, denies the murder of Laurence Garvey (59) a father of two, at Patrick Street, Dundalk, on December 24th, 2003.
At the Central Criminal Court yesterday, Gráinne Hearty said she saw a man jumping up and down at the bottom of Patrick Street while she was driving down the street.
In response to defence counsel, Alex Owens SC, Ms Hearty said that initially she did not know what he was jumping up and down on.
On the night in question she had been at her mother's house and was in the process of moving her sister's car. At around 12.30am on Christmas Eve she drove down Patrick Street.
Ms Hearty said that the car's lights were on.
She then noticed that the man, who was on her right hand side, was jumping on another man.
She put on the full lights of the car, which distracted the man from jumping up and down.
Ms Hearty added that the man then turned and looked at her.Meanwhile, the person on the ground was motionless.
Ms Hearty said that the man then kicked the man on the ground in the head.
She then drove back to her mother's house. There a phone call to the gardaí was made, she took a blanket from the hot press, and she and her mother drove back towards Patrick Street.
En route at the corner of another street close to the incident Ms Hearty told the court that she saw a man. This man was heading in the opposite direction to them. Ms Hearty said that this man lifted both his arms up and cheered.
The case, which is being heard by a jury of eight woman and four men in front of Mr Justice Philip O'Sullivan, resumes today .