Witnesses say they saw cafe owner kick man
Published 22/11/2012 | 05:00
A NUMBER of witnesses have given evidence in a murder trial of seeing a cafe owner chase a man from his shop and kick him as he lay on the ground.
The alleged attack is understood to have followed a row over a 70 cent phone call outside e-Times internet cafe on Dublin's Wellington Quay.
Zhen Dong Zhao (36), a Chinese man with an address at Jervis Street in the city, has pleaded not guilty to murdering Dubliner Noel Fegan on May 20 last year.
The 40-year-old had gone into the shop to phone his teenage daughter.
John Bosco Dillon yesterday told the Central Criminal Court that he was in e-Times shortly before 4pm that day.
"I became aware of a commotion over at the telephone boxes. Voices were raised," he said.
"I saw the deceased being chased. The deceased left the shop followed by the accused."
Mr Dillon said Mr Fegan had run out and then turned right because there were barriers between the path and the road.
"This shortened the chase distance and he came within range of the accused," he said.
"The accused grabbed him by the collar and pulled him to the ground. He kicked him two to three times and then paused.
"He kicked him another two times. He was lying in a 'C' shape and the accused was kicking his back. I didn't see any kicks to the head."
Under cross-examination, Mr Dillon said he did not know if the accused had intended to catch Mr Fegan.
Ruth Malone told the court she was waiting for a bus outside the shop next to e-Times.
She looked up to see a man crouching on the pavement with another man standing behind him.
"I saw the man behind then kick the man on his back," she said. "He was then kicked the second time on his lower back.
"The man behind kicked him at the nape of the neck. He (Mr Fegan) was very dazed at that, quite disorientated.
"Then the man behind proceeded to kick him again, on the right-hand side of his head."
She said the victim then fell down slowly while the attacker walked back to the internet cafe.
The jury was earlier shown CCTV footage of the incident, captured on a camera more than 200 metres from the scene.
Brendan Grehan, defending, said it was accepted the person seen making a number of kicking motions was the accused.
It is the prosecution case that Mr Fegan died of bleeding to the brain caused by Mr Zhao kicking him in the head.
The trial continues before Mr Justice Patrick McCarthy and a jury of eight men and four women.
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