Monasterevin murder accused claims deceased was 'extremely violent'

One of two men accused of the murder of Dylan McCarthy told gardaí that the deceased and his father were “extremely violent” during a fight outside a public house, while his co-accused said he feared for his own safety after being assaulted.

“I only got involved in this fight as Dylan and his party were out of control and extremely violent,” Calvin Dunne (24) told gardaí, going on to say that he “lightly kicked” Mr McCarthy to what he believed was “the chest area”.

A jury at the Central Criminal Court heard that his co-accused, Sean Kavanagh (26) told gardaí that he believed his only interaction with the deceased was attempting to stop him assaulting a friend of his, going on to say that he punched the deceased's father, Eamon McCarthy, to prevent being "significantly assaulted” himself.

It is the state’s case that Dylan McCarthy (29) died following an incident outside the Bellyard public house in a Kildare town in which he received punches from Mr Kavanagh and Mr Dunne, before he received “a vicious kick” to the head from Mr Dunne while he was attempting to get up off the ground. An eyewitness told the jury that there was “a loud thud” like someone “kicking a football” when Mr McCarthy was struck in the head.

The jury has been told that both men have claimed they were acting in self-defence and that Mr McCarthy was himself “involved in violence” on the night.

Mr Kavanagh, with an address at St Mary’s Lane, Church Avenue, and Mr Dunne, of Abbey View, both in Monasterevin, Co Kildare, have pleaded not guilty to the murder of Mr McCarthy on or about 22 August 2022.

They have also pleaded not guilty to violent disorder on 21 August 2022, at Dublin Road, Monasterevin, while Mr Kavanagh has pleaded not guilty to a charge of assault causing harm on Eamon McCarthy on the same date and at the same location.

At the Central Criminal Court on Monday, Detective Garda Seamus Doyle of Kildare Garda Station gave evidence to counsel for the State, Jane Horgan-Jones BL.

He said that Mr Dunne told gardaí that as he and Mr Kavanagh were outside the Bellyard pub with a number of friends, he could hear “a commotion” that sounded like a fight going on inside.

Mr Dunne said that when a group of people came out of the pub and a fight broke out, he saw Mr 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.

Det Gda Doyle said that Mr Dunne 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.” Det Gda Doyle said that Mr Dunne told gardaí that Dylan and Eamon McCarthy were being “extremely violent”.

“I believe 100% that I kicked him in the upper chest area. Everything I did was to stop them attacking Sean, I didn’t drill him or kick him viciously,” said Mr Dunne.

Det Gda Doyle said that in a prepared statement given to gardaí, Mr Dunne said. “I want to clearly state that I only got involved in this fight as Dylan and his party were out of control and extremely violent ... I felt (Dylan McCarthy) was going to attack me, so I hit him.” In the statement, Mr Dunne also said he “only used force after peacefully trying to break up the fight”.

Detective Garda Shane Donnelly of Newbridge Garda Station gave evidence to Ms Horgan-Jones that Mr Kavanagh also gave a prepared statement to gardaí, in which he said that he heard “screaming and shouting” coming from the Bellyard, which led him to believe a fight was taking place.

The detective said that Mr Kavanagh told gardaí he looked through the window of the pub and saw staff members being assaulted, so he attempted to assist the staff in removing the group that were causing the disturbance.

Mr Kavanagh told gardaí that “the fight spilled out onto the street”, at which point members of this group started to punch and assault him as he attempted to remove them.

He said that a large man in his 50s attacked him and got him in a headlock, which caused him to feel “extremely fearful” for his safety. Mr Kavanagh said he got out of the headlock, before “punches were exchanged”.

He said the man in his 50s was still shouting and roaring at him with his hands raised, so Mr Kavanagh defended himself and punched the man.

Mr Kavanagh told gardaí that he believed his only interaction with the deceased was attempting to stop him assaulting a friend of his.

He said he was extremely fearful for his personal safety as he was being assaulted by the deceased’s father.

“I believe if I did not take those actions, I was likely to be significantly assaulted,” said Mr Kavanagh.

Det Gda Donnelly said that Mr Kavanagh told gardaí that someone he knew was getting punched by both the deceased and the deceased’s father.

Mr Kavanagh said that Dylan and Eamon McCarthy were “both big men”, as he could remember them “punching down” at his friend.

He said that “punches started flying” and “all of a sudden, it was madness, it just went off”.

“They were the aggressors in the situation,” said Mr Kavanagh, telling gardaí that he “just went up and punched” Eamon McCarthy, who he said was “roaring and shouting”.

Det Gda Donnelly said that after Mr Kavanagh viewed CCTV of the incident, the accused said he could see the deceased punching another man in the head.

“After punch three, they were going at me, just missing my neck,” said Mr Kavanagh, going on to say that he grabbed the deceased and threw “five punches”, but he did not think any of his punches connected.

He said he swung at Eamon McCarthy twice.

“I could hear him roaring and shouting with his hands up, so I went back and hit him,” said Mr Kavanagh, who the court heard was wearing a medical boot on the night due to a foot injury.

Det Gda Donnelly said that gardaí put it to Mr Kavanagh that he had two opportunities to remove himself from Eamon McCarthy, to which Mr Kavanagh replied: “He was the one hitting me. I was walking around in a boot with four broken bones in my foot, if he had come back and hit me, I could have ended up on the ground. It could have been me or one of my friends who ended up in trouble.” The trial continues on Tuesday before Ms Justice Caroline Biggs and the jury of 10 men and two women.