Closing speeches have been heard in the trial of a Killorglin man accused of manslaughter and assault causing harm.
25-year-old Christian Fleming of Mount Lyne, Killorglin denies the manslaughter of 32-year-old Stephen O’Connor outside a fast-food takeaway in Killorglin in February 2019.
Mr Fleming also denies the charge of assault causing harm to John O’Connor on February 10th, 2019.
Tralee Circuit Court heard that Christian Fleming doesn't deny striking the men but maintains he acted in self-defence.
The trial is taking place before Judge Sinead Behan.
Prosecuting barrister Tom Rice told the jury that violence can be lawful and justified if necessary, but it must be proportionate and may not involve excessive force.
Mr Rice said the accused must have an honest belief this force is justified, and the evidence offered by Mr Fleming is not honest.
Mr Rice told the jury, Mr Fleming’s account that Stephen O’Connor was waiting outside the chipper for him and that Stephen O’Connor moved towards him first, is contradicted by CCTV.
Mr Rice said the story that Mr Fleming was defending a younger man, who said he had been intimidated by Stephen O’Connor, was developed by Mr Fleming and this younger man prior to either of them speaking to gardaí and this is borne out by text messages and phone calls.
Defending barrister Mark Nicholas, told the jury of 8 men and 4 women while it is a tragic case, they must approach it without emotion and look, distill and assess the evidence presented.
He said that if the jury think it is reasonably possible that Mr Fleming was acting in self-defence, they have to acquit.
Mr Nicholas reiterated the prosecution argument that violence can be lawful and justified if necessary, but it must be proportionate and may not involve excessive force; adding Mr Fleming perceived he was going to be beaten up.
He said the medical evidence showed that the punch caused facial bruising - and did not break the skin or bone, adding, Mr Fleming did not use excessive force, it was one punch and he then left.
Mr Nicholas asked the jury to consider the witness testimony, which heard that Mr O’Connor had been part of a group causing a ruckus on the night, and was ejected from the fast-food takeaway by a bouncer.
He added that CCTV evidence is critical in the case, and everything on CCTV supports every point provided by Mr Fleming throughout Garda questioning.
Judge Sinead Behan halted proceedings for the evening telling the jury she appreciated they had a long day and thanked them for their attentiveness throughout.
The trial will continue today, with the judge's directions, after which the jury will begin its deliberations.
