Prosecution evidence ends in assault trial
Published 20/01/2006 | 00:11
The prosecution evidence was concluded yesterday (Tuesday) afternoon and closing submissions began in the case of two Dundalk brothers who are accused concerning the stabbing of a 31-year-old local man outside a night club in the centre of town.The trial of Gerard (24) and Edward Stokes from Road 2, Muirhevnamor opened on Wednesday last at Dundalk Circuit Court before a jury of seven men and five women.
The trial of Gerard (24) and Edward Stokes from Road 2, Muirhevnamor opened on Wednesday last at Dundalk Circuit Court before a jury of seven men and five women.
The brothers pleaded not guilty to two counts of reckless endangerment and assault causing serious harm.
These arose following an alleged knife attack on Richard Dullaghan with an address at Park Street on October 10th, 2004 in Earl Street.
This resulted in the injured party receiving four puncture wounds on his back and sustaining a punctured lung and spending seven days in hospital, two or three of which were in intensive care.
He told the court that he feared he was going to die when he received the last rites from a priest in the local hospital.
He stated that he was attacked when standing outside Amber Night Club. He noticed the two accused when he was talking to a doorman and turned away, only then to receive bangs to the back of his head.
He was knocked to the ground and was punched and kicked for three or four minutes. He didn’t realise he had been stabbed until his jumper was pulled up, he stated.
The witness affirmed under cross examination that it was the two brothers who assaulted him.
Legal argument resulted in the jury being excused by presiding Judge Patrick McCartan on Thursday afternoon until Tuesday morning when the remainder of the prosecution evidence was taken.
This included accounts from Gardai who arrived at the scene, and they told that the injured party named the two defendants as his attackers.
Detective Garda Adrian Donohue said the victim told he was attacked by the brothers, and similar evidence was given by Garda Alan Maxwell.
The latter described the injured party as groggy, and didn’t reply to a number of questions that he asked him.
CCTV footage of the alleged attack was also shown to the jury.
Detective Garda Michael O’Driscoll described carrying out an examination the next morning of the scene where he found a blood stained doormat and a green khaki t-shirt. Dullaghan identified the t shirt as his along with an ear ring that the officer found at the scene.
The witness said there were four puncture marks on the t shirt. He also stated there were various markings on the path, including a drag marking on the brick paving.
In the earlier evidence Greg Gormley, proprietor of Gormley’s, Park Street, stated that Eddie Stokes was in his bar and left at 11.15 p.m. on the night. The assault took place about an hour earlier.
The defence counsel in cross examination strongly questioned the credibility of the injured party and the reliability of his evidence.
They pointed out that Richard Dullaghan had a letter written by a solicitor to the local garda Superintendent retracting he identified the two brothers as his assailants.
The injured party claimed that he had been subjected to intimidation.