One Of Two Monasterevin Men Found Not Guilty Of Murder By Judge's Direction

The focus will now shift to Calvin Dunne.

One of two men on trial for the murder of Dylan McCarthy in Monasterevin has been found not guilty by direction of the trial judge at the Central Criminal Court.

Ms. Justice Caroline Biggs instructed the jury that the Director of Public Prosecutions had not opposed an application by the legal team representing 26-year-old Sean Kavanagh to be found not guilty of murder following an incident on Dublin Road, Monasterevin, on 21 August 2022.

She directed the jury to formally record Kavanagh’s not guilty verdict for murder but stated that he would remain part of the case until the jury reached its final decision.

Kavanagh, of St Mary's Lane, Church Avenue, and his co-accused, 24-year-old Calvin Dunne, of Abbey View, both from Monasterevin, had pleaded not guilty to the murder of 29-year-old Dylan McCarthy on or about 22 August 2022.

Both men also denied charges of violent disorder on 21 August 2022.

Kavanagh further pleaded not guilty to assault causing harm to Mr. McCarthy but was later rearraigned and pleaded guilty to assault causing harm to Eamon McCarthy.

The charge of violent disorder was taken into consideration.

Focus Shifts to Calvin Dunne

With Kavanagh found not guilty of murder, the remainder of the trial now centres on Mr. Dunne.

The jury previously heard that Kavanagh told gardaí he became involved in a fight that "spilled out onto the street" from the Bellyard pub.

He claimed a large man in his 50s put him in a headlock, making him feel "extremely fearful" for his safety.

He said he managed to break free and exchanged punches with the man, later identifying him as Eamon McCarthy.

At the opening of the trial, Senior Counsel for the Director of Public Prosecutions, Seoirse O’Dúnlaing, stated that Dylan McCarthy died following an incident outside the pub, during which he was punched by both Kavanagh and Dunne.

He then received "a vicious kick" to the head from Dunne.

An eyewitness testified that the impact of the kick produced "a loud thud," similar to the sound of "kicking a football."

State pathologist Dr. Heidi Okkers told the jury it was not possible to determine whether a punch or a kick caused the fatal injury, which involved a tear to the vertebral artery, leading to internal bleeding and oxygen deprivation to the brain.

Prosecution’s Closing Argument

In his closing speech, Mr. O’Dúnlaing told the jury that the focus of the case was now on Dunne. He said CCTV footage showed Dunne delivering "a vicious kick" to Mr. McCarthy while he was on the ground and posed no threat.

Counsel acknowledged that the jury would have sympathy for the McCarthy family, who had been celebrating the birth of a child on the night of the incident.

However, he also noted that Mr. Dunne did not go looking for trouble but "when trouble came knocking, he answered the call, and he embraced it."

He stated that Mr. McCarthy had been involved in the violence that night, but the prosecution’s case was that a substantial cause of his death was the injuries inflicted by Mr. Dunne.

Self-Defence Argument

The jury was reminded that Dunne claimed he had acted in self-defence.

However, Mr. O’Dúnlaing argued that CCTV footage contradicted this claim, showing Dunne turning Mr. McCarthy around before striking him with "a sucker punch."

He said that when Mr. McCarthy was on the ground, Dunne delivered a kick to the left side of his head with such force that witnesses described it as sounding like "a car door shutting" or "kicking a football."

"A kick of that ferocity to cause that noise must have been vicious," Mr. O’Dúnlaing told the jury, arguing that Dunne could not have honestly believed he was acting in self-defence, as Mr. McCarthy was already "floored" and posed no threat.

He said Dunne had the opportunity to walk away but instead "took a running kick at him, as you would a football."

The trial continues tomorrow before Ms. Justice Caroline Biggs and the jury of 10 men and two women.