A garda confirmed yesterday that James O’Brien was charged with the lesser offence. He was being cross-examined by counsel for one of the accused, Jason Beresford, who identified himself kicking Dale Creighton in the head on CCTV footage.
Mr Creighton was assaulted on New Year’s Day 2014 at the footbridge over the Tallaght bypass between Saint Dominic’s Rd and Greenhills Rd. The 20-year-old Tallaght native died in hospital the following day.
Aisling Burke, aged 23, and David Burke, aged aged 28, both of Beechpark, Collinstown, Co Westmeath; Graham Palmer, aged 26, of Park Avenue, Portarlington, Co Laois; Ross Callery, aged 23, of Gortlum Cottages, Brittas, Co Dublin; James Reid, aged 26, of Glen Aoibhinn, Gorey, Co Wexford; Jason Beresford, aged 23, of Coill Diarmuida, Ard a’ Laoi, Castledermot, Co Kildare; and Gerard Stevens, aged 27, of Grosvenor Square, Rathmines, Dublin, have all pleaded not guilty to the murder of Mr Creighton, and went on trial at the Central Criminal Court last week.
Each accused initially pleaded not guilty to violent disorder. However, Jason Beresford later changed his plea and pleaded guilty to the violent disorder charge.
Garda David Morris testified yesterday that he arrested Beresford at his home at Avonbeg Gardens in Tallaght on January 4, 2014.
He said Beresford first denied any involvement but later admitted it.
He said he was told that Aisling Burke had been robbed and had her handbag stolen.
He said she told him that “all the boys were gone chasing the lads”.
He said he met the others at the footbridge and was told: “This is one of the fellas, who mugged Asho.”
It was put to him CCTV showed him kicking Mr Creighton in the head.
Under-cross examination by Mícheál O’Higgins, defending, Garda Morris agreed Beresford had shown remorse in the final interview.
Later in the proceedings, Ms Justice Deirdre Murphy told the jury a legal issue had now arisen. This had to be dealt with in their absence and she asked them to return to court tomorrow.