Jury sworn in to hear Franklin assault trial

A jury was sworn in today to hear the case against three Corkmen accused of seriously injuring Limerick student Denis Franklin in Cork city two years ago, where the injured party is now totally paralysed.

Alan Harte, aged 21, from 20 Leamlara Close, Togher, Cork, Robert Carlile, aged 21, from 22 Grangewood Court, Douglas and William St Ledger, aged 20, from 49 Woodview, Pinecroft, Douglas, all pleaded not guilty to the charges of assault causing serious harm to Denis Franklin, aged 22, of Pallasgreen, Co Limerick.

The alleged assault occurred in the early hours of 17 February 2002 at the junction of Kift's Lane and Grand Parade.

Each defendant faces the charge of assault causing serious harm to Mr Franklin contrary to Section 4 of the Non Fatal Offences Against the Person Act 1997, and a second charge of engaging in violent disorder by using or threatening to use unlawful violence to such an extent as to cause a person of reasonable firmness to fear for their safety.

Describing what Mr Franklin suffered in the early hours of that Sunday morning, prosecution senior counsel Patrick McCarthy said yesterday, "It has caused serious disability to Mr Franklin to the point where he suffered paralysis of the body… the injuries caused by kicking the man, including

kicking him while he was on the ground."

Mr McCarthy told the jury that a forensic examination was carried out by An Garda Síochana and witness statements were taken.

"While efforts were made to secure forensic evidence no such evidence bore fruit. It will appear to you that notwithstanding steps that were taken no such evidence emerged," the senior counsel said.

Mr McCarthy said it began at Kift's Lane, a narrow lane from Grand Parade to South Main Street and that a number of incidents were occurring, involving a large number of people.

He said that Mr Franklin and his friend were involved in one incident and that "there is no point in beating about the bush" but that Mr Franklin and his friend were in the wrong in relation to

that particular incident in the laneway and that there would be evidence to suggest that Mr Franklin's friend was the more aggressive of the two.

"They were involved in a violent act with other persons. They then left the laneway," the senior counsel said.

They left in different directions. Mr Franklin had walked towards Hillbillys fast food outlet on Grand Parade.

"He did not get very far. He was pursued and attacked on the street just beyond the phone booth… In the course of that incident he was seriously injured.

He was seen stumbling out from behind the phone booth and collapsing on to the ground. There was blood on the ground about his ears and face.

"The ambulance arrived. Gardaí arrived. A number of people were milling around Mr Franklin trying to assist him. He was in a state of cardiac arrest. He has ended up with permanent serious harm," Mr McCarthy said.

Ten men and two women were then sworn in to hear the case which is expected to last two or possibly three weeks.