Josip Strok was kicked, stamped, punched and beaten with weapons, jury hears

Eoin Reynolds

The State has asked a jury to consider whether a murder accused's statement to gardaí that it is "terrible the way the homeless are treated" while illegal immigrants "run amok" was his "justification" or motive for an attack on a Croatian man.

The prosecution barrister also told the Central Criminal Court on Thursday that Josip Strok (31) was repeatedly kicked in the head, punched, stamped on and beaten with "brutal ferocity" with a pickaxe handle while moving "defensively" on the ground.

One of the accused, described by his own counsel as a "young, gormless eejit", struck the deceased three times with a crutch after he had stopped moving, the court also heard today.

Seoirse Ó Dúnlaing SC, for the Director of Public Prosecutions, delivered his closing speech to the jury, telling them that Mark Lee (44), Anthony Delappe (19) and Connor Rafferty (21) engaged in a joint enterprise to cause serious harm to Mr Strok.

Defence counsels for Mr Rafferty and Mr Delappe warned the jury to be careful about convicting based on the "complex" legal concept of joint enterprise. They questioned the evidence for a "tacit agreement" between the accused.

Mark Lee, of no fixed abode, and Anthony Delappe of Melrose Avenue, Clondalkin, have both pleaded not guilty to murder but guilty to the manslaughter of Josip Strok at Grangeview Way in Clondalkin on April 3rd, 2024.

Connor Rafferty of Castlegrange Close, Clondalkin has pleaded not guilty to Mr Strok's murder. All three have pleaded guilty to assault causing harm to David Druzinec (29) at the same location. It is alleged that the three accused assaulted Mr Druzinec and Mr Strok on March 30th, 2024 and that Mr Strok died four days later from blunt force injuries sustained in the attack.

Mr Ó Dúnlaing told the jury of six men and six women that the deceased, a Croatian national, came to Ireland to work and contribute to society and "clearly did not deserve what happened to him". On the night he died, he had been in Dublin city with a friend, drinking on his day off over the Easter bank holiday.

Mr Ó Dúnlaing said the prosecution case is that all three accused engaged in a joint enterprise to cause serious harm to Mr Strok. Their "tacit agreement" formed shortly after two teenage boys told Mark Lee that Mr Strok and Mr Druzinec had beaten up a "child" at a nearby bus stop, counsel said.

About 20 minutes before the fatal assault, it was alleged that David Druzinec had assaulted a 17-year-old boy, causing Mr Strok to pull his friend away, counsel said. Two teenagers then passed on that information to Mr Lee, counsel said.

Mr Ó Dúnlaing showed the jury CCTV footage showing Mr Lee walking and talking with the two teenagers behind Mr Strok and Mr Druzinec. Mr Lee went into his home and emerged 47 seconds later with Mr Delappe, who was holding a hard plastic pickaxe handle, counsel said. 40 seconds later, Mr Rafferty emerged carrying one half of a crutch and ran after his two co-accused.

Mr Ó Dúnlaing said the jury can infer that Mr Lee said something in the house that prompted the other two to emerge carrying weapons.

CCTV footage from a house at Grange View Way captured the fatal assault, Mr Ó Dúnlaing said. In the footage, counsel said Mr Lee could be seen striking Mr Strok on the head while Mr Delappe used the pickaxe handle to strike Mr Druzinec. Mr Strok fell to the ground, counsel said, before Mr Lee kicked him in the head with his left foot three times.

Mr Strok was moving "defensively", counsel said, when Mr Lee gave him a "series of punches" followed by another kick to the head. At the same time, Mr Ó Dúnlaing said, Mr Delappe struck Mr Strok with the pickaxe handle. Mr Ó Dúnlaing described Mr Delappe's actions as "overarm strikes with brutal ferocity" using a hard weapon.

He said Mr Delappe struck the deceased four times while Mr Lee "stamps on him with his left foot". After the fourth strike with the bat, Mr Strok, who had been fighting back, stopped moving, Mr Ó Dúnlaing said.

At this point, Mr Rafferty "entered the fray", counsel said, and delivered three strikes to Mr Strok with the half-crutch before walking away.

Mr Ó Dúnlaing said the joint enterprise to cause serious harm is evidenced by the manner in which each accused engaged, striking Mr Strok while he was on the ground. Counsel questioned Mr Rafferty's claims in interview that he only wanted to give the two men "a lesson".

"What lesson is he administering when hitting him while he is down like that?" Mr Ó Dúnlaing asked.

Mr Ó Dúnlaing said Mr Lee revealed a possible motive for the assault some days later when gardaí arrived at his home with a search warrant.

Mr Lee told gardaí it was "terrible the way the homeless are treated" while illegal immigrants "run amok". Counsel asked if this was a "justification he is putting forward, a motive as to why this was done".

Mr Lee also told gardaí he had been "walking up and down" outside an asylum centre waiting on a "foreign c**t" over an attack on a child.

While Mr Ó Dúnlaing said communities have a right to protest over concerns regarding proper consultation and whether things are being done in the "right way". He added: "There is a difference between protest and vigilante violence because you think a foreign national has assaulted two kids."

Mr Ó Dúnlaing asked the jury to look at the CCTV, which the prosecution said shows the accused hitting Mr Strok with a bat, kicking him in the head and striking him when he was "out cold". If the footage satisfied them that the accused intended to cause serious injury, Mr Ó Dúnlaing told them that the appropriate verdict is guilty of murder.

Bernard Condon SC, for Mr Rafferty, said the height of the prosecution case against his client is manslaughter, not murder. Mr Rafferty did not intend to cause serious injury, and to return a verdict of guilty of murder would be unjust, counsel said.

While Mr Rafferty's behaviour "does him no credit whatsoever" and showed him engaged in "colossal stupidity", Mr Condon said the prosecution is trying to fix the actions of his co-accused onto the then 19-year-old.

The prosecution had not pointed to any injuries caused by the crutch and had failed to prove that Mr Rafferty inflicted anything more than "light strikes" on Mr Strok's back, Mr Condon said.

By the time Mr Rafferty struck Mr Strok, the deceased had already suffered the "catastrophic" brain injury that would lead to his death, counsel said. In his garda interviews, Mr Rafferty said he didn't mean to seriously injure anyone, apologised and said he was ashamed.

"Mr Rafferty is not a monster," counsel said, "he is a young, gormless eejit."

Vincent Heneghan SC, for Mr Delappe, asked the jury to consider the speed with which things happened that night. Counsel said his client lied at the start of his interviews by denying all knowledge of the assault, but then progressed to give a full, honest account.

Mr Delappe did not know Mr Lee and was in Mr Lee's house only to smoke cannabis with another person.
Mr Heneghan said his client believed that some children had received a "battering" nearby and that informed his state of mind. Somebody handed the pickaxe handle to him, and while he shouldn't have used it, he did not go to that house with any intention to cause serious injury to anyone.

Mr Heneghan said the prosecution's description of the force used in wielding the bat is not evidence. He asked the jury to consider the level of force used for themselves and come to their own conclusions.

Mr Heneghan further pointed out that a pathologist said that the fatal injury to Mr Strok's head was most likely caused by a fall backwards onto the ground. As bad as the striking injuries to the body were, Mr Heneghan said they caused only superficial injuries, not serious harm.

Mr Heneghan reminded the jury that his client told gardaí that he did not intend to cause serious injuries. "If you believe him, you acquit him of murder," he said. Mr Heneghan said the prosecution case is not black and white, but contains a "lot of grey". He asked the jury to consider a manslaughter verdict for his client.

Michael Bowman SC will deliver the closing speech for Mr Lee tomorrow before Ms Justice Mary Ellen Ring and the jury.