Man denies manslaughter of another man at homeless charity in centre of Cork City

The trial heard from three volunteers of the street café who were there on the night of the incident on St Patrick’s Street

Adrian Henry pictured at Cork City District Court in relation to a serious assault on Patrick Street, Cork on September 12, 2019, following which a man died. The deceased, a man in his 40s, passed away on Friday October 25, 2019 at Cork University Hospital following a serious assault that occurred close to the junction with Academy Street, shortly after 9pm on Thursday, September 12, 2019.

A 49–year-old man denied the manslaughter of a 40-year-old man when they were attending a homeless charity called the street café in Cork city centre in September 2019 and a jury was sworn in for a trial.

Adrian Henry of Seminary Road, Blackpool, Cork, is charged with the manslaughter of James Duncan, 40, at St Patrick’s Street in Cork on September 12, 2019. He replied “not guilty”, when the manslaughter charge was put to him at his arraignment at Cork Circuit Criminal Court.

The late James Duncan was from Dunmore Gardens, Knocknaheeny in Cork. Ray Boland prosecution senior counsel opened the case before Judge Helen Boyle and the jury of eight men and four women and said the trial is expected to continue throughout this week and into next week.

Mr Boland outlined the evidence which he anticipated would be called by the prosecution but stressed that this was not itself evidence.

“The State alleges Adrian Henry assaulted James Duncan and as a result of that assault, he died and that it was not a trivial assault.

“Sometimes the cause of death is very simple. In this case the causation is not as simple as all that. If someone was killed instantly by a speeding car causation is fairly simple. 

In this case, there will be a lot of medical evidence that will be complicated and it is our aim to make it simple.

“The State says it can prove that on September 12, 2019, the deceased James Duncan and the accused, Adrian Henry, were present on St Patrick’s Street. They were attending a homeless charity known as the street café which was held every Thursday night. Its aim was to give hot meals, clothing and tents to homeless people. It was very well attended by homeless people in Cork.

“It happened on the footpath outside Murray’s tackle shop next to Ulster Bank. Two tables were set up with food on them. Two cars pulled onto the footpath – one car with clothing for men, one with clothing for women. There were 13 volunteers, most of them wearing hi-vis jackets.

“The prosecution case is that the deceased was assaulted by the accused and that he died in hospital six weeks later on October 25, 2019, from that injury. The type of injury is a subdural haematoma. The dura is the coating of the brain. Haematoma is bleeding.

“If you suffer a trauma such as a blow or fall there can be bleeding between the brain and dura that will grow and put pressure on the brain causing gradual or rapid deterioration of consciousness.

“The deceased himself was intoxicated. Although suffering from this injury, he called the emergency services and alleged he was assaulted by a male.

“You will hear from various interactions he had with various people there was a rapid deterioration of consciousness. You will see from CCTV footage of 30 to 35 minutes, he is leaning against the back of a car for a time and eventually falls to his right onto the ground unconscious at that stage.

“It is the State’s case that because of the gradual deterioration he suffers, it is this injury that ultimately killed him. You can conclude that this injury caused his death beyond reasonable doubt.” 

Street café witnesses

Sara O’Dwyer was volunteering with the street café on the night of September 12, 2019. She testified that a man wearing a red beanie hat was quite loud. “I did notice he approached a man wearing a wine coat and he (man with beanie hat) appeared to be quite angry. 

"The man in the wine coat appeared to be a little vulnerable. He was pushed to the ground and did not do anything to stop his fall. The man in the hat was quite angry. He caught the man on the ground by the hood and pulled him out between cars and left him on the road. 

"The man in the hat was still quite cross. He threw some food, that we provide, on the road beside the man.” 

Caroline Bateman, another volunteer, later saw the man in the wine coat with bits of food on his face and he said to her, “I’ve been assaulted, I’ve been assaulted, I’ve been assaulted.” 

She said he was inebriated in some way. She offered to call the guards but the man said he was calling them himself. Ms Bateman later saw him talking to a guard at the scene.

Volunteer Clodagh Monks said a man with an English accent and a red beanie hat shouted at another man, pushed him to the ground and then grabbed him by the hood backwards out on the road.

The trial continues.