'Neck compression caused asphyxia'
Dr Marie Cassidy found a pattern of deep bruises of the neck consistent with manual strangulation.
Although Dr Cassidy found evidence during her post-mortem examination of fire damage to his clothing, she found no evidence of burn marks to the body.
When she examined the boy's body on January 12/13, she also found an injury to the mouth. "This may have been caused by a blow to the mouth or a hand held over the mouth," Dr Cassidy said.
How long the boy was held by the neck was very difficult to determine. She said that if the injured party was struggling he would be using up the available oxygen very quickly.
The mechanism of death would also be complicated by pressure against the injured party's chest during a struggle which might prevent him from breathing in and out effectively.
Minor injuries around the trunk of the deceased suggested that if he was on the ground before his death someone might have been sitting astride his chest.
His body was found in heavy undergrowth in what the professor described as a foetal position. More detailed evidence of the condition of the body was given at this point and Ms Majella Holohan cried, despite otherwise keeping her composure throughout the day's evidence. Typical of an 11-year-old boy he had not reached sexual maturity, she said, and also confirmed that there was no evidence of a sexual assault.
"There was no evidence of ligature to the neck, nothing tied around the neck," the professor said. Superficial signs of the boy's necklace compressed into his neck were found.
"Neck compression was for sufficient time to cause asphyxia but force of compression was not severe enough to break small bones in the neck and larynx," she told Mr Justice Paul Carney and the jury.
"The neck was held and compressed, probably compressed by two methods, an arm around the neck and gripping of the neck. The problem is in determining how long the neck was compressed, and how long it took him to die," Dr Cassidy said.
She said studies had shown it usually takes 15 to 30 seconds of neck compression to produce pin point haemorrhaging signs that were found on the body.
"I do not know how long it was compressed thereafter to cause his death. The mechanism of death is complex."
She said it takes significant pressure to close over a windpipe. The State pathologist must be in Dublin today. Her cross-examination is likely to take place by video link this afternoon.
Lack of oxygen caused brain to swell
YESTERDAY afternoon the jury heard from State Pathologist Dr Marie Cassidy, who examined Robert Holohan's body after it was found at Inch on January 12.
Dr Cassidy performed a post mortem examination on the body on January 13 to determine the cause of death.
She was then asked by Shane Murphy SC, prosecuting, what conclusions she had drawn from the examination.Dr Cassidy: "The post mortem examination showed no evidence of significant trauma (injury) to this young boy apart from damage to the head, lower legs and torso due to animal activity.
"The other external marks were minor and subtle. These included pin-point haemorrhage marks behind the ears and inside the mouth and internally on the under-surface of the scalp, and the heart and thymus gland."
She told the jury that there were superficial marks on the lower neck where a necklace Robert was wearing was pushed into his skin.
"These findings suggest there has been compression of the neck causing asphyxia, which is a lack of oxygen."
She then told the jury that Robert's brain was swollen, indicating the lack of oxygen in the body before death. This is known as hypoxia.
"The brain is the organ most vulnerable to a lack of oxygen. It needs a supply of oxygen to function and if it does not have a constant supply then the tissues become damaged and as a result of that fluid pours into the tissue as a reaction.
"Swelling is an indication that there has been damage to the brain and it is an indication that that damage was through lack of oxygen. That would be sufficient to cause death."
She said Robert's injuries were consistent with his neck being compressed by an armlock either from behind or in front.
"However the pattern of deep bruises and smaller bruises of the neck would be more consistent with manual strangulation like a hand gripping the neck."
She said there was an indication of fingertip bruises on the boy's neck.
"This is where the fingers are pressed into the neck. That's a more common sign of strangulation where a hand is applied to the neck and it grips."
Under examination from Shane Murphy SC she confirmed no ligature had been used on Robert.
"The neck had been compressed for sufficient time to cause asphyxia but insufficient to damage the lungs.
"There had been sufficient pressure to cause this process which resulted in his death but the force of the neck compression was not severe enough to break the bones in his neck.
"The Adam's Apple in such a young person is pliable and requires considerable force to fracture it. It is quite difficult to break it in a young person."
In older people it becomes like bone and breaks more easily, the court heard.
She then told the court about the process of strangulation.
"It requires between 15 and 30 seconds of constant compression to produce the haemorrhaging. The airways and vessels would have required to be restricted for a further period to cause hypoxia.
"The marks (on the neck) were very subtle and there was no evidence of severe injuries but what we had was a pattern of injuries: there were smaller haemorrhages which is usually an indication of a lack of oxygen.
"But there were also marks on the neck (indicating) that his neck had been held and compressed."
She said the compression had been carried out in two ways: an arm across the neck and gripping of the neck.
The problem was determining how long the throat was gripped for and how long it took for Robert to collapse and die.
It was estimated to take between 15 and 30 seconds to cause the pinpoint bruises or haemorrhaging indicating a lack of oxygen.
But she said she was unable to say how long the compression of the neck lasted after that.
She said the way death happened was complex and several factors came into play.
Later she said: "In deaths due to a compression of the neck it is complicated.
"It is not just down to a straightforward effect of lack of oxygen.
"The brain can withstand a period of a lack of oxygen for some minutes.
"People can hold their breath for a period of time and the brain and individual organs will function. People can drown and be brought out the water several minutes and become hypoxic. They can be resuscitated and the brain can survive."
Later she said that releasing the neck fairly rapidly would not necessarily mean someone would revive.
Brain damage and the haemorrhaging could happen sooner if the person was struggling as this used up oxygen in the body, she said.
There were marks on Robert's body, indicating the trunk had been compressed by an arm or arms, or possibly by someone sitting astride him on the ground, the court heard.
She said there were also minor injuries to his mouth which could have been caused by a blow or a hand held over his mouth, the latter of which could have contributed to the asphyxiation process.
She said there was bruising to the back of his body, adding: "One cause is that the person is pushed firmly against a solid surface - for example a wall or the ground."
She said there was no sign on the body of any sexual activity.
She said: "There was no evidence of fire damage and no burns identified on the body itself.
"The burn marks were on the clothes but the skin had not been burned."
The cause of death, she said, was asphyxia due to neck compression.
Blaise O'Carroll, defending, was given permission to carry out his cross-examination of Dr Cassidy this afternoon.
After Dr Cassidy left the witness box, the jury then saw a video of the route Wayne O'Donoghue took when he went to dump Robert's body.
The video was taken by a camera inside a garda car and shows the roads where O'Donoghue drove before he ended up at Inch and threw the body into a ditch.




