A 24-YEAR-OLD man has been acquitted of murder but found guilty of the manslaughter of Dylan McCarthy during a melee outside a pub in a Kildare town nearly three years ago.

The ten men and two women of the Central Criminal Court jury deliberated for 10 hours and 13 minutes before returning the 10-2 majority manslaughter verdict today against Calvin Dunne, who had denied Mr McCarthy’s murder.

The jury also unanimously found Dunne guilty of violent disorder.

The jurors had been told that if they decided Dunne had used unreasonable force in self-defence but that he might have believed it was necessary, they should acquit him of murder but convict him of manslaughter.  

Dunne shook his head as the foreman of the jury delivered the verdicts.

After the verdicts were returned, Ms Justice Caroline Biggs thanked the 12 jurors – a number of whom were upset and in tears – for the “exemplary manner” in which they had carried out their civic duty in this case.

She excused the panel from jury duty for life.

Dylan McCarthy’s father, Eamon McCarthy, who gave evidence during the trial, cried after the verdicts were read out.

Dunne, of Abbey View, Monasterevin, Co Kildare, had pleaded not guilty to the murder of Mr McCarthy on or about 22 August, 2022. 

He had also pleaded not guilty to violent disorder on 21 August, 2022, at Dublin Road, Monasterevin.

It was the State’s case that Mr McCarthy died following an incident in which he received both punches and “a vicious kick” to the head from Dunne while he was attempting to get up off the ground.

An eyewitness told the jury that there was “a loud thud” like someone “kicking a football” when Mr McCarthy was struck in the head.  

Dunne contended however that he was acting in self-defence, and that Mr McCarthy was himself “involved in violence” on the night.    

Mr McCarthy’s cause of death was a traumatic head injury and spinal injury caused by blunt force trauma.

State pathologist Dr Heidi Okkers told the jury it was not possible to determine whether a punch or kick caused the fatal injury that led to Mr McCarthy’s death.

The trial heard  Dunne told gardai that when a group of people came out of the pub and a fight broke out, he saw Sean Kavanagh fighting with Dylan and Eamon McCarthy.

Dunne said that at one point, Dylan McCarthy went to hit Mr Kavanagh from behind, so Dunne grabbed Dylan McCarthy by the wrist.

The accused said that Dylan McCarthy turned around to punch him, so he punched Mr McCarthy to the chin or jaw area, which caused him to fall.

“I only got involved in this fight as Dylan and his party were out of control and extremely violent,” Mr Dunne told gardaí in interview, going on to say that he “lightly kicked” Mr McCarthy to what he believed was “the chest area”.

There were three verdicts open to the jury: guilty of murder; not guilty of murder but guilty of manslaughter; or not guilty of murder or manslaughter.  

Ms Justice Biggs said that for a verdict of guilty of murder, the jury had to be convinced that Dunne’s actions substantially contributed to the death of Mr McCarthy and that he intended to kill or cause him serious injury.  

Ms Justice Biggs adjourned the matter to 12 May to allow time for the preparation of Probation Reports in respect of both Dunne and Kavanagh and Victim Impact Statements from the McCarthy family.