Pathologist tells murder trial punching could have caused extensive damage to deceased’s brain

Alison O'Riordan

A pathologist has told the trial of a scaffolder, who is accused of murdering his friend by stomping on his head, that punching alone could have caused the extensive damage to the deceased’s brain.

Tomas Cypas (35), with an address at Foxborough Road, Lucan, Co Dublin has pleaded not guilty to murdering Juris Kokenbergs (49) at Old Bridge Park, Lucan, Co Dublin on October 28th, 2024.

Evidence has been given that Cypas told a garda at the scene that he had fought with the deceased after he said he would rape his [the defendant's] mother.

The jury has listened to a 999 recording of Cypas requesting an ambulance for his friend Kokenbergs, who he said he had a fight with two days beforehand, but was no longer breathing and was cold to the touch.

State pathologist Dr Heidi Okkers said she conducted a post-mortem on Kokenbergs on October 29th, 2024.

The expert witness told Conor Devally SC, prosecuting, that she was informed by gardaí that a row had taken place between the accused and Kokenbergs on the evening of Saturday, October 26th.

She said the accused's mother told officers that her son had hit the deceased four or five times in the face with his fists. She said the accused had told gardaí he had hit the deceased seven or eight times.

Dr Okkers said she was told that Kokenbergs had been placed on a couch in the kitchen.

She said it was understood by gardaí that Kokenbergs was asleep on the couch the next day, October 27th and that his body position had changed a number of times during that day. She said she was also informed that the accused had tried to wake his friend on the morning of October 28th as he was on the floor, but was unresponsive.

Dr Okkers said the deceased had extensive bruising over his lip, eyes, nose, cheeks, forehead and upper chest.

She said there was extensive bruising and haemorrhage to tissues on the left side of the face and the left temporal scalp. The skull was intact and there were no fractures.

Dr Okkers said the right side of the brain was swollen and there was a clot inside the tissue of the brain.

Despite evidence that the deceased was intoxicated when he was assaulted, Dr Okkers said there was no alcohol detected in blood samples taken from Kokenbergs, as it would have metabolised over the course of the following day.

Neurohistology, the pathologist said, showed certain areas of the brain had been deprived of oxygen and blood flow.

She said bruises on the back of the deceased's hands could have been suggestive of offensive or defensive injuries.

Dr Okkers said death occurred because of complications associated with blunt force traumatic head injuries, including bronchopneumonia, subdural and intracerebral haemorrhage and axonal damage.

The cause of death, she said, was complications associated with blunt force trauma to the head.

Devally said that Kokenbergs may have been found beside a couch where he had been lying. Asked whether there was any prospect that the deceased had brought about this movement himself, Dr Okkers said it would not have been voluntary and that he might have had a seizure.

Under cross-examination, the witness agreed with Brendan Grehan, defending, that the extensive injuries to the deceased's hands indicated fighting taking place. She agreed there were no bone injuries or fractures to the body.

Referring to the extensive damage to the brain, the witness agreed the injury was suggestive of the acceleration or deceleration effect, which would cause it to shift inside the skull.

Dr Okkers said "definitely" some sort of contact had been made from a shoe to the scalp, but she could not determine if it was significant.

Grehan put it to the witness that this didn't necessarily mean significant violent injury had been inflicted by a shoe. "It could be the case, both punches and stomping can independently cause the injuries," she replied.

"The punching injuries could cause the damage you found to the brain without the foot patterns contributing at all?" asked Grehan, which the witness agreed with.

The trial has heard that three areas of blood-staining with DNA matching that of the deceased were found on the accused man's runner.

Counsel also put it to Dr Okkers that she had described a very extensive brain injury within the head, with swelling as well as haemorrhage. The witness agreed that even if the deceased got immediate medical attention, it might not have been possible to save him.

Earlier, Garda Tyrone Nulty told the prosecutor that when he arrived at Old Bridge Park at 8.15am on October 28th, a man was lying face down in the kitchen/living area.

When Cypas was cautioned, the accused replied: "I hit him, this isn't murder, I just hit him".

At the outset of the murder trial, the jurors were told they would hear evidence that Kokenbergs died after his head was stomped on, and the panel would have to consider the accused's intent at the time.

The 12 jurors were told by defence counsel Grehan that the accused Cypas admits to hitting the deceased.

The trial continues tomorrow before Justice Paul McDermott and a jury of eight men and four women.