Cork manslaughter trial jury hear recording of deceased's 999 call on night of alleged assault

Operator testified she answered the 999 call from the late James Duncan at the call centre at Anglesea Street Garda Station at 9.15pm on September 12, 2019. She said he stated he had been assaulted and wanted the guards to come

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. Picture: Cork Courts Limited

The jury at a manslaughter trial in Cork heard a recording of the voice of the deceased as he made a 999 call on the night about the alleged assault at the centre of the case.

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 denies the manslaughter and is on trial at Cork Circuit Criminal Court before Judge Helen Boyle and a jury of eight men and four women.

The late James Duncan was from Dunmore Gardens, Knocknaheeny, Cork.

Rachel Behan testified she answered the 999 call from the late James Duncan at the call centre at Anglesea Street Garda Station at 9.15pm on September 12, 2019. She said he stated he had been assaulted and wanted the guards to come. Ms Behan thought he was crying on the phone.

A recording of the phone call was then played at the trial. A voice was heard saying to Ms Behan: “I am outside the Modern. Just outside Ulster Bank, close to the Modern… in Cork city. I am after being attacked.

“(Asked who attacked him) A fella. He is still here. He beat the f*** out of me. I need help.” He gave his name as James Duncan and said: “No I don’t need an ambulance but I need help… Thank you. Thank you.” 

Members of the late Mr Duncan’s family wept in court as this recording was played in the course of the evidence.

Prosecution case

Ray Boland prosecution senior counsel opened the case before Judge Helen Boyle and the jury of eight men and four women and on Monday and said it was expected to continue throughout this week and into next week.

Mr Boland said: “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. 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.

“It happened on the footpath outside Murray’s tackle shop next to Ulster Bank. 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.

Dr Jason Orchard arrived in an ambulance crew who provided on the spot medical attention in emergency situations. The other ambulance which was called to bring Mr Duncan to hospital came from Tipperary town on the night. There was evidence that this ambulance was called just before 10pm and Dr Orchard estimated it arrived at 11pm.

“The patient was put in the ambulance and I directed the crew to take him to the Mercy University Hospital for immediate attention at the resuscitation unit,” Dr Orchard said.

Tom Creed, defence senior counsel, suggested: “There were no injuries to suggest he was beaten up — no visible or obvious sign that this man had been beaten about the face or body.” 

The doctor replied: “Not obviously.” 

Dr Orchard said the Glasgow Coma Scale for a conscious person is 15 and the number prior to death is 3. He found the number on the scale for Mr Duncan that night was 6. Donal McCormack, a paramedic in the Tipperary ambulance found when he encountered Mr Duncan his place on the GCS scale was at 4.

The trial continues.