Cork men plead not guilty to murder

A Cork man who was assaulted in Cork was left in "a continuing vegetative state" until he "suffered a cardiac arrest and died" nine months later, a court heard today.

A Cork man who was assaulted in Cork was left in "a continuing vegetative state" until he "suffered a cardiac arrest and died" nine months later, a court heard today.

Paul Sheehan, aged 21, The Glen, Cork and Ross Stapleton, aged 22, also of The Glen, have pleaded not guilty to the murder of Christian Scully, aged 28, from Togher, Cork on October 17, 2002.

Mr Scully was on a life support machine after being set upon by youths at Sober Lane in the city centre in the early hours of January 28 before he died nine months later on October 17, 2002.

Addressing the jury of nine women and three men, Ms Mary Ellen Ring, SC for the prosecuting counsel said in her opening speech that "on arrival at Cork University Hospital, Mr Scully had very extensive swelling of the soft tissue of the scalp".

"Mr Scully was in a vegetative state and he remained in this condition until he suffered a cardiac arrest and died," Ms Ring, SC said.

The prosecution claims that after Mr Scully left friends in "The Streets" night club which is part of the Grand Parade Hotel in Cork's city centre at 1.30am he was set upon by two youths down Sober Lane.

At the same time, Mr Stapleton left "The Temple" night club, meeting up with Mr Sheehan, Ms Ring, SC said.

Mr Sheehan had been refused entry and was waiting for his friend outside the night club.

It is claimed that the pair had been drinking since 3pm at The Abbey bar in Fermoy before heading into the city centre sometime after midnight.

After 1.30am, Ms Ring, SC for the prosecution, told the jury that occupants of two apartments on Sober Lane, near "The Temple" night club, were drawn to look out the window because of the noise outside.

Ms Ring, SC, said these three people will give evidence that they saw "two men attack another man".

On January 30, Ms Ring, prosecuting counsel, told the jury Mr Stapleton was arrested and on the following day, January 31, Mr Sheehan was arrested and charged with assault causing harm to Mr Scully.

After Mr Scully's death over nine months later, the pair were then charged with his murder.

Today the deceased's friend, Leonard Crowe told the jury that he had been drinking with Mr Scully on January 27.

Mr Crowe told the jury that he had been drinking with the deceased on and off from 3pm. After going to "Tom Lynch's" bar the pair remained there until closing time.

Together with Mr Timmy O'Brien and his two sisters, the group went to "The Streets" night club.

Everyone in the group except Mr Scully stayed until 2am, leaving at 1.30am alone.

Under cross examination by Mr Brendan Nix, SC, prosecuting counsel for Mr Paul Sheehan, Mr Crowe said he had asked the deceased if he would leave with him.

"I said I would go with him but he said no, that he'd be OK. He said he'd get straight into a cab," Mr Crowe said.

The trial continues before Mr Justice Paul Butler.

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