A Killorglin man has been found not guilty of the manslaughter of a man outside a takeaway almost five years ago.
25-year-old Christian Fleming of Mount Lyne, Killorglin, was accused of the manslaughter of 32-year-old Stephen O’Connor outside a takeaway in the town in February 2019.
He also faced one count of assault causing harm to John O’Connor in an incident inside the same takeaway on that night in February 2019.
Mr Fleming did not deny the use of violence in relation to either charge, but claimed on both occasions he acted in self-defence.
Medical evidence showed Mr Stephen O’Connor had died as a result of complications due to bleeding in the brain, which had been caused by the impact of hitting his head on the ground.
This impact was the result of a propelled fall, caused by a single punch, the court was told, administered by Christian Fleming.
The court heard that Stephen O’Connor had an alcohol level of 302 milligrams per 100 millilitres of blood; for reference, the jury was told this is over six times the legal limit for driving.
The defence claimed Mr Fleming was acting in self-defence when he struck Mr Stephen O’Connor, as he was defending a younger man who claimed Mr O’Connor had been intimidating him.
Mr Fleming told gardaí he confronted Mr O’Connor inside the takeaway in question, and then Mr O’Connor left before returning with five or six men; Mr Fleming claimed he felt he was going to be beaten up at this point.
It is at this stage that Mr Fleming struck Mr John O’Connor, telling gardaí he felt ganged up on inside the takeaway.
CCTV showed Mr Stephen O’Connor being escorted out of the takeaway by a bouncer, and witnesses described a group of men shouting outside the takeaway.
The jury saw CCTV footage which showed Mr Fleming striking Stephen O’Connor, who fell backwards onto the ground.
It was the prosecution’s case that Mr Fleming did not act in self-defence, as his use of violence was excessive, and he had the opportunity to retreat.
The prosecution also argued that Mr Fleming had concocted his story with the young man who claimed he had been intimidated, before either of them had spoken to gardaí.
The jury was told it was up to the prosecution to prove he did not act in self-defence, and if it was reasonably possible he did act in self-defence, they must acquit.
The jury deliberated for over four and a half hours, before Judge Sinead Behan told them they could come to a majority verdict of at least ten to two.
After a further hour of deliberations, the jury found Mr Fleming not guilty on both counts by majority verdict.
