‘I will not confess to something I did not do’, accused tells Cork court

A BIRMINGHAM man denied assaulting or causing any injury to a man at a street café on Patrick’s St who later died but told gardaí at the manslaughter trial that he dragged the other man to the ground “by the scruff”.

Adrian Henry of Seminary Rd, Blackpool, Cork, is charged with the manslaughter of James Duncan, aged 40, at Patrick’s St, 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. The late James Duncan was from Dunmore Gardens, Knocknaheeny.

The 49-year-old accused told detectives: “The worst I done was drag him to the ground and point my finger at him. I took him away from Emma [a woman he was with]. I will not confess to something I did not do. Yes I pushed him to the ground but I did not hurt James Duncan. I did not harm James Duncan.”

He also said: “I was half cut that night. I remember dragging a fella by the neck and leaving him. I did not know this man. I never met him before. All I did was take him by the scruff and dragged him to the kerb. He was on his arse and I left him. I told him to leave Emma alone. At no point was he bleeding or injured.

“He was unharmed when I left him. Shook him up a bit but did not harm him. I grabbed him by the collar and pulled him backwards. I left him on his arse. At no time did I hit him or kick him. I did not hurt that man. It was spur of the moment type thing. When I left that man he was on his feet. I did not bash his brains in like ye said.”

He said he spent four years in the British army and served in Iraq, which he described as scary.

Dr Grace Kavanagh, a respiratory specialist who was on duty at the Mercy University Hospital when James Duncan was admitted and was on call on the night, gave evidence.

Ray Boland, prosecution senior counsel, said the jury had heard previously about the Glasgow Coma Scale for consciousness and asked what score Mr Duncan had that night on the scale. Dr Kavanagh said it was 3. Mr Boland said: “We heard 3 is the lowest one on the scale before death.”

Dr Kavanagh agreed. The doctor said a CT scan showed quite a large bleed on the brain. She said that no wounds or lacerations to the head were found. Tom Creed, defence senior counsel, asked the doctor if she was aware of the deceased suffering from a brain bleed in 2004, namely a spontaneous subarachnoid haemorrhage. Dr Kavanagh said she only had her own previously-made statement and did not have access to a file of medical notes.

Mr Creed said the prosecution had put this witness forward to give evidence of the treatment of Mr Duncan in hospital and through no fault of hers. “You have been called to give hearsay evidence about hearsay evidence about what the emergency registrar in Mercy University hospital was told by the neurological consultant in [Cork University Hospital].”

“There is no evidence at all of any assault,” Mr Creed said.

Dr Kavanagh replied: “Not that I document in my examination, in any statement.”

Mercy staff nurse, Nora O’Connor, was on duty when Mr Duncan was admitted in September 2019. Mr Creed suggested: “You would look for tell-tale signs, and there were no tell-tale signs of assault when Mr Duncan was admitted. And not alone did you view his head but you viewed his body as well and there were no signs of assault.” The witness replied: “Yes, that is in my statement.”

The trial continues.