Victim 'started having seizure' after 'kick in the head'

One of two men accused of murdering a Vietnamese man and assaulting a Chinese man, gave a “Kung Foo kick” to the Chinese man during an assault in Temple Bar two years ago, a jury at the Central Criminal court heard today.

Taxi-driver Mr Eddie Van Boxtel recalled how he saw the taller of the two accused kick the Chinese man in the chest: “He kicked him like a Kung Foo kick. He threw one leg up in the air and kicked with the other – he had two feet up off the ground,” he said.

He had just told the court that he saw the “taller chap” punch the Chinese man in the face with his right fist causing him to fall to the ground.

“When he got back up he looked dazed,” he said.

Mr Van Boxtel told the jury that a couple arrived on the scene and when the girl screamed at the taller man “he told her to mind her own business or she’d get the same”.

He said the two men then headed away from the scene off down towards the Liffey.

The two accused men, Mr James Harmer (aged 26), originally from Stafford, England and Mr Noel O'Flaherty (aged 33) of McCormack Gardens, Sutton, Co Dublin, both doormen, have pleaded not guilty to the murder of Vietnamese man Mr Ly Minh Luong (aged 50) of Kilmartin Gardens, Tallaght, Co Dublin at Fownes St Upper, Templebar, Dublin on 19 August 2002.

The accused also deny a charge of assaulting a Chinese man Mr Dong Wei causing him serious harm on Fownes St Upper in the early hours of Friday 16 August 2002. Under Irish law both men have been charged with the murder of Mr Luong on the date he died - 19 August 2002 - not the date of the attack in Templebar three days earlier.

Taxi-drivers Mr Derek Martin and Mr Mark Smyth also testified in court today to witnessing the incident involving the two “white” men and the two Orientals.

“One of the men that I’d seen, he was about six foot with black hair, he was punching the Chinese man around the head and chest area, they looked fairly strong punches,” said Mr Martin.

He said the tall man gave “maybe ten” quick punches to the chinese man.

Mr Smyth testified to seeing “the taller of the two guys hitting the older of the two Chinese guys a few digs”.

“He fell to the ground. He fell down on his left side, onto the ground. He was still conscious,” he said.

He then told the jury that the taller man kicked the fallen man in the head: “He stood back, the tall guy, and kicked him in the head, just once,” said Mr Smyth.

He replied to prosecuting counsel Mr Tom O’Connell SC that the kick was with his right foot and was “very hard”.

“I heard the impact of the kick, I had my windows open,” he said.

He described how the man on the ground began seizing after the kick: “His body started twitching, like he was having a seizure, he was trying to catch his breath. I knew he wasn’t right the way his body was twitching,” he said.

Mr Smyth said that after the taller man had kicked the man on the ground, “he turned around and punched the other chinese guy in the face”.

The trial continues before Mr Justice Henry Abbott tomorrow.