Man 'kicked, beaten' because he refused cigarettes

A 43-year-old civil servant was beaten and kicked because he refused to give cigarettes to two young Dublin men accused of his murder, it was claimed in the Central Criminal Court today.

The court heard that Michael Geoghegan and Richard Bourke were both 15 in November 1998 when it is claimed, they beat Brian Fitzpatrick to death.

He died from his head injuries three days later never having regained consciousness.

Michael Geoghegan (aged 20) of Northway Estate, Finglas, Dublin and Richard Bourke, Sycamore Park, Finglas East, deny the murder of Brian Fitzpatrick on December 1, 1998 at Clune Road, Finglas.

Mr Tom O'Connell SC prosecuting, told the jury that the only reason for the beating was that earlier that same night, Brian Fitzpatrick and his friend had refused to give cigarettes to the two accused.

Mr Fitzpatrick had been out for a drink and was walking to his home at Clune Road around midnight when the two accused asked him for cigarettes in an "aggressive manner".

Mr Fitzpatrick and his friend parted company and it is alleged that Michael Geoghegan and Richard Bourke met him again and proceeded to punch him in his head and upper body.

Counsel told the jury they would hear evidence that Mr Fitzpatrick suffered massive bleeding to the brain stem and the cause of death was blunt force trauma.

They were also told they would hear from a hackney driver and passenger who would say they saw him on the ground while two others kicked and punched him.

Witness Jason Cunningham, who had been at a nearby hotel that night, told the court he came across a badly-beaten man lying on the footpath on Clune Road with a packet of cigarettes lying nearby.

"He was badly beaten and had a lot of blood around his head and a few splashes on the body and was moaning and groaning," Mr Cunningham said.

"He tried to lift his head off the ground, but he couldn't move."

The trial before Mr Justice Liam McKechnie continues.