A young man who admitted the unlawful killing of a father of five at a pub in Mitchelstown walked down the middle of the road in an act of bravado afterwards shouting, 'I am the king of Mitchelstown'.
This was the allegation made by the prosecution as the case opened before Mr Justice Michael Owens and a jury of six men and six women at the Central Criminal Court sitting in Cork today.
Michael Dineen of Ard Mhuileann, Mitchelstown, was arraigned on the charge of murder of 36-year-old Patrick O’Donnell at Willie Andies bar on New Square, Mitchelstown, on June 1. He replied that he was guilty of manslaughter, not guilty of murder.
Defence senior counsel, Brendan Grehan, said at the outset that the accused had made a number of admissions: principally that he was guilty of manslaughter, otherwise referred to as the unlawful killing of Mr O’Donnell.
Mr Grehan said there would be issues related to matters such as intent and provocation.
The defence lawyer also said there were admissions facilitating the prosecution in relation to matters such as accepting that he was properly arrested and detained and similarly that the evidence such as CCTV was properly gathered.
Tim O’Leary, prosecution senior counsel, said he would outline the allegations that the prosecution would be making but he stressed that this was not itself evidence.
He also emphasised the presumption that the accused was not guilty of murder unless determined otherwise by the jury at the end of the trial.
Mr O’Leary said the deceased, a father of five, known by the nickname of 'Ginty', was drinking in the bar from noon that day and the accused was there from later in the afternoon. They were known to each other and not unfriendly.
“Something seemed to happen after around 10pm... An altercation occurred between the two men. What occurs according to the prosecution is that the deceased is pulled down on to the ground by the defendant and a vicious assault takes place,” the prosecution senior counsel said.
"That assault leads to the death of Mr O’Donnell and it happens on the pub floor. There were seven teeth knocked out of Mr O’Donnell, two of which end up in internal parts of his body – one in his thorax, one in his airways. It takes considerable force to knock out someone’s teeth"
Mr O’Leary SC said the assault continued after Mr O’Donnell had become unresponsive and despite efforts by staff and others to break it up.
The prosecution senior counsel said that alleged evidence of intention to cause serious harm was enough to prove intention to murder. But he said it would be for the jury to decide.
The case continues tomorrow.