Man admits assault but co-accused says statement fabricated

A Corkman co-accused of beating a man into a coma who died nine months later today admitted to his assault while his co-accused claimed gardaí fabricated his statements, a murder trial heard.

Under cross examination by Mr Brendan Nix, Ross Stapleton said "yes", that he had done most of the assault: "I take full responsibilty".

His co-accused, Paul Sheehan said under cross examination that gardaí did not read over his five statements that he made to gardaí: "It wasn't read over to me".

"I made half of it, the other half (of the statement) isn't mine," Mr Sheehan said.

Mr Sheehan, aged 21, The Glen, Cork and Mr Stapleton, aged 21, also of The Glen, have pleaded not guilty to the murder of Christian Scully, aged 28, 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 suffered a cardiac arrest nine months later and died on October 17, 2002.

Mr Stapleton today testified in the sixth day of the murder trial, saying: "I am sorry for everything".

"To this day, I still don't know why I did it. I was twisted", Mr Stapleton said today.

Under cross examination by prosecuting counsel, Ms Mary Ellen Ring, Mr Stapleton said "yes" that he had consumed a lot to drink but nobody had threw him out because he was intoxicated.

The court heard Mr Stapleton today say that he drank a cocktail of pints of Heineken, red bull and vodka and Aftershock from 3pm that day.

When Mr Stapleton got into the Temple nightclub sometime after midnight, he claims he was annoyed after his girlfriend wouldn't talk to him, then he was thrown out of the club by the bouncers after fighting, and then when he got out to Mr Sheehan who was waiting for him, they had words.

Mr Stapleton today said he saw Mr Sheehan "go around the corner" into Sober Lane. Mr Stapleton then met Mr Scully and "something happened".

Mr Stapleton said Mr Sheehan tripped Mr Scully up and he fell to the ground. Prosecuting counsel, Ms Ring, SC asked Mr Stapleton why he didn't just walk away, to which he replied, "I don't know".

Ms Ring, prosecuting counsel, then re-read the statement Mr Stapleton gave the gardaí on January 30, 2002 in which he said: "We just beat him to death.

"We just kept beating him. We used our fists and legs.

"We just kept hitting him and beating him, hitting and beating him and standing on him.

"When we lifted him up, his face was like a tap, there was blood everywhere," Mr Stapleton told gardaí.

Ms Ring, prosecuting counsel, then asked Mr Stapleton did that describe what went on in Sober Lane in the early hours of January 28, 2002, to which he replied, "yes".

Mr Stapleton told the jury of nine women and three men that he had never met Mr Scully before and that he never did anything to him.

"But you killed him," Ms Ring said to him, to which Mr Stapleton replied, "Yeah, I didn't mean to."

Mr Sheehan today also gave evidence, denying that he kicked Mr Scully in the head even though he had admitted doing so in his five signed statements to gardaí.

"I just tripped yer man Scully onto the floor, I gave three or four kicks to his side".

Mr Sheehan said he never said he kicked Mr Scully in the head and that gardaí never read his five statements back to him: "They weren't read over to me."

Yet the jury heard that Mr Sheehan signed every one of the statements that he made to the gardaí.

The trial continues before Mr Justice Paul Butler.