Jury to resume deliberations in Cork manslaughter trial

Adrian Henry (pictured) is charged with the manslaughter of James Duncan at St Patrick’s Street in Cork on September 12, 2019. Photo: Cork Courts Limited

A jury will resume their deliberations on Tuesday in the case against a 49–year-old man accused of 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.

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 Cork Circuit Criminal Court.

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

Judge Helen Boyle addressed the four women and eight men of the jury on the legal issues which they must bring to bear on their deliberations on the evidence.

Dr Beng Ong, the pathologist who carried out the post-mortem examination on the deceased, told the jury: “I was informed that the deceased had died after about six weeks in hospital. I was shown CCTV footage of the scene which I was told was a soup kitchen. 

"I was shown an image of what appears to be the deceased being dragged by the alleged perpetrator into an area not viewed further by the CCTV. After that he was observed to be conscious. 

"I was then shown other footage where I was told it was roughly half an hour later from the first incident. I observed him to be leaning on a car. His head was observed falling backwards against the rear windscreen. 

"His legs appeared to buckle. He slid down onto the ground. I could not see how he ended on the ground and if his head has impacted on the ground.” From medical notes from Mercy University Hospital, he said: “Doctors did not observe any external head injury. A CT scan showed a subdural haemorrhage.” 

On admission he was found to be at the deepest level of coma. At the end of his direct evidence, Dr Ong said: “It is possible that he may have sustained a haemorrhage during the assault and behaved fairly normally before collapse.” 

Cross-examined by defence senior counsel, Tom Creed, the pathologist agreed that there were no external signs to show evidence of any assault on his head or body. “The late Mr Duncan was a bad candidate for a fall because of various conditions,” Mr Creed said. The pathologist agreed.