UPDATED: Man found guilty of manslaughter in Monasterevin murder trial

A 24-year-old Kildare man has been acquitted of murder but found guilty of the manslaughter of Dylan McCarthy during a melee outside a pub in a Kildare town nearly three years ago.

The ten men and two women of the Central Criminal Court jury deliberated for 10 hours and 13 minutes before returning the 10-2 majority manslaughter verdict today against Calvin Dunne who had denied Mr McCarthy’s murder. The jury also unanimously found Dunne guilty of violent disorder.

Mr Dunne shook his head as the foreman of the jury delivered the verdicts.

Ms Justice Caroline Biggs thanked the 12 jurors – a number of whom were upset and in tears – for the “exemplary manner” in which they had carried out their civic duty in this case.

“You have given us weeks of your life,” she said. “You may not thank us for the sadness and pain you have witnessed and the darkness of these events.” “As far as I am concerned, you have given enough,” she told the jurors before excusing the panel from jury duty for life.

Dylan McCarthy’s father, Eamon McCarthy, who gave evidence during the trial, cried after the verdicts were read out.

Ms Justice Biggs said she wanted to acknowledge the “horrific loss” suffered by Mr McCarthy’s family, particularly his parents who had endured the “unspeakable loss of a child”.

She commended the manner in which they had come to the courtroom every day and the “dignity and strength” they had exhibited in circumstances where they had to watch the most “harrowing” evidence of “the last moments” of their child’s life.

Mr Dunne, of Abbey View, Monasterevin, Co Kildare, had pleaded not guilty to the murder of Mr McCarthy on or about 22 August 2022. He had also pleaded not guilty to violent disorder on 21 August 2022, at Dublin Road, Monasterevin.

It was the state's case that Mr McCarthy died following an incident in which he received both punches and "a vicious kick" to the head from Mr Dunne while he was attempting to get up off the ground.

Two eyewitnesses told the jury that Dylan McCarthy was kicked in the head, with one describing the noise as “a loud thud” that was “like kicking a football”, while the other said it sounded “like a car door” shutting.

Mr Dunne contended however that he was acting in self-defence, that Mr McCarthy was himself “involved in violence” on the night and that he did not kick the deceased in the head.

Mr McCarthy’s cause of death was a traumatic head injury and spinal injury caused by blunt force trauma.

State pathologist Dr Heidi Okkers told the jury it was not possible to determine whether a punch or kick caused the fatal injury that led to Mr McCarthy’s death.

The trial heard Mr Dunne told gardaí that when a group of people came out of the pub and a fight broke out, he saw his former co-accused Sean Kavanagh fighting with Dylan and Eamon McCarthy.

Mr Dunne said that at one point, Dylan McCarthy went to hit Mr Kavanagh from behind, so Mr Dunne grabbed Dylan McCarthy by the wrist.

The defendant told gardaí that Dylan McCarthy turned around to punch him, so he punched Mr McCarthy to the chin or jaw area, which caused him to fall.

Mr Dunne said that as Dylan McCarthy was getting back up: “I lightly kicked him to what I believed was the chest area.” The defendant told gardaí that Dylan and Eamon McCarthy were being “extremely violent”. “Everything I did was to stop them attacking Sean, I didn’t drill him or kick him viciously,” Dunne said.

Counsel for Dunne, John D Fitzgerald SC, told the jury that if they had any doubt his client kicked Dylan McCarthy in the face, they must find him not guilty.

He said there were a number of routes that could lead to an acquittal of Dunne, including the doubt over the cause of the injuries to Mr McCarthy, the doubt over whether the accused kicked the deceased to the head, and the question of whether Mr Dunne had used reasonable force in self defence.

He told the jury that if they decided Dunne had used unreasonable force but that he might have believed it was necessary, they should acquit him of murder but convict him of manslaughter.

There were three verdicts open to the jury: guilty of murder; not guilty of murder but guilty of manslaughter; or not guilty of murder or manslaughter.

Ms Justice Biggs said that for a verdict of guilty of murder, the jury had to be convinced that Dunne’s actions substantially contributed to the death of Mr McCarthy and that he intended to kill or cause him serious injury.

Two weeks into the trial Dunne's former co-accused, Sean Kavanagh (26), with an address at St Mary’s Lane, Church Avenue, Monasterevin, pleaded guilty to a charge of assault causing harm on Eamon McCarthy. A charge of violent disorder was taken into consideration.

After a defence application, Ms Justice Biggs then directed the jury to find Mr Kavanagh not guilty of the murder of Dylan McCarthy, a charge he had denied.

After the verdicts were returned today, prosecuting counsel Seoirse Ó Dúnlaing SC said some time would be needed for the preparation of probation reports.

He confirmed there was no objection to Sean Kavanagh continuing on bail but said he was seeking a remand in custody for Mr Dunne.

Michael Lynn SC, representing Kavanagh, said his client had never been in trouble before and asked for a probation report ahead of sentencing. Ms Justice Biggs said she would allow Mr Kavanagh to continue on bail.

John Fitzgerald SC, representing Dunne, said he appreciated his client’s status had changed but asked the court to allow him to remain on bail for a time to “put his affairs in order”.

Ms Justice Biggs did not accede to this request and remanded Mr Dunne in custody.

Ms Justice Biggs adjourned the matter to May 12 to allow time for the preparation of probation reports in respect of both Mr Dunne and Mr Kavanagh, a governor’s report for Mr Dunne and Victim Impact Statements from the McCarthy family.