Manslaughter trial hears victim was ‘unlucky’ to die from injuries

By Brion Hoban

A manslaughter trial has heard that the alleged victim was “unlucky” to have died from the injuries he sustained, but that does not absolve the accused.

Ronan Byrne (31) is alleged to have fractured James Marren’s leg with a bat during an altercation.

A jury has heard that days after the man’s leg was put in a cast at hospital, a blood clot developed in his leg which travelled to his heart. This clot proved fatal.

Byrne, of Lohunda Downs, Clonsilla, Blanchardstown, Dublin, has pleaded not guilty at Dublin Circuit Criminal Court to the unlawful killing of Mr Marren (57) at that address on October 31, 2013.

He also denies production of a baseball bat during a dispute and assault of James Marren causing him harm at the same address five days earlier on October 26, 2013.

The court heard the defendant’s mother, Mairead Byrne, and Mr Marren had been in a relationship for at least 13 years.

In his closing speech to the jury, Philipp Rahn BL, prosecuting, said it was very important for the jury to leave aside any sympathies they may have in the case.

He said their job is to assess the evidence “in a clinical way”.

Mr Rahn said he does not have to prove Mr Byrne was reckless or that he “foresaw” he would kill Mr Marren.

He submitted it has been clearly established from the evidence that there was an intention to cause hurt or more than trivial harm.

Counsel said there is no question Mr Marren was “unlucky” to have died from the injuries he sustained.

He said Mr Byrne, therefore, is “unlucky” to find his death laid at his feet, but that does not absolve the accused.

He said the jury had to examine whether there is “a causal chain” from the acts of the accused to the death that has been proven beyond a reasonable doubt. He said the prosecution say the chain is there.

Mr Rahn said that but for the assault on the night of October 26, Mr Marren would not have died. He said any suggestion that any of the medical treatment causes a break in the chain is “a bit of a red herring”.

Counsel said the fact that Mr Marren did not take the advice of family members to go back to the hospital does not absolve the accused man of the consequences. He said what the accused did “remains the substantial and operative cause” of Mr Marren’s death.

Mr Rahn said that Mr Marren baiting the accused, mistreating him or starting the fight is not a defence.

Counsel told the jury that if they apply their common sense and look at the evidence, it is very clear the force used went “way beyond” what was reasonable in the circumstances. He invited the jury to return a guilty verdict.

The trial continues before Judge Patricia Ryan and a jury.