A 36-year-old man who was assaulted after he went out for the night in Dungarvan, Co Waterford on St Patrick's Day in 2018 died in hospital six days later from injuries he sustained after he was punched in the face leading him to fall backwards on to the street, an inquest has heard.
Cork Coroner's Court heard that a man in his twenties who had been arrested and pleaded guilty to the manslaughter of Richard O'Leary, of Cois Tra in Dungarvan, Co Waterford on March 18, 2018 subsequently accidentally drowned before he was sentenced in relation to the incident.
A narrative verdict was recorded at the inquest into the death of Mr O'Leary who had travelled back to Waterford from Gosport in the UK for a visit with family when tragedy struck.
Read More : Jonathan Dowdall fears he'll end up in wheelchair due to health issues
He sustained a traumatic brain injury after an assault took place on TF Meagher Street in Dungarvan, Co Waterford in the early hours of March 18, 2018.
Coroner Philip Comyn noted that a number of witnesses had not turned up in person for the hearing. He said that a "serious epidemic of illness" must have broken out amongst witnesses who had been called to attend to give oral evidence in the case. As a result of the failure of many witnesses to attend depositions were read into evidence.
Among those who did present to give evidence was Kirk Sullivan who said that he had bumped into the late Richard O'Leary in a pub in Dungarvan that night having not seen him in 18 months. They parted ways after a few drinks.
Around 1am he was walking down TF Meagher Street having come out of a pub when he noticed that a man was on the ground. He said that the man, who he realised was Richard O'Leary, was unconscious. An ambulance and gardai were called to the scene.
Mr Sullivan noted that blood was coming out of the nose of Mr O'Leary. He said he tried to pick Richard up but a woman, whom he believed to be a nurse, placed the injured man in the recovery position. He said that when he had spoken to Richard earlier in the pub he was "in great form."
Other witnesses also recalled that Mr O'Leary was in good spirits that night. Sgt James Fenton said that he was on mobile patrol in the town when Mr O'Leary approached him. He was in "good form, merry and enjoying himself." O'Leary gave the garda two thumbs up.
Two teenagers also told the inquest via deposition that Mr O'Leary had defended them that night when a third party was causing trouble.
The court heard that CCTV footage of the assault was obtained from local businesses in the area. Dt Sgt Phillip Dee who led the investigation in to the incident said that a verbal dispute had broken out between men and Mr O'Leary intervened and punched a man. The man then punched Mr O'Leary who fell backwards.
"The man pushed Richard O'Leary twice in quick succession causing him to fall."
Richard O'Leary was rendered unconscious by the blow. He was unable to break his fall. Det Sgt Dee said that the man then punched O'Leary in the head when he was on the ground. The inquest heard that members of the public called 999 and that at 1.06am on March 18, 2018 Mr O'Leary was taken by ambulance to South Tipperary General Hospital.
He was subsequently transferred to Cork University Hospital where operations were carried out. However, he was pronounced dead at 4.57am on March 23, 2018 having suffered a sudden cardiac arrest.
A postmortem was carried out in the aftermath of the tragedy by Assistant State Pathologist, Dr Margaret Bolster. She said that the primary cause of death was traumatic brain injury as a result of an assault.
The Coroner said that a verdict of unlawful killing was not open to the jury "not because the facts don't justify it" but because the assailant can't be identified.
The narrative verdict recorded by the jury read that "Richard O'Leary was punched in the face resulting in him falling backwards and hitting his head hard on the ground." It went on that members of the public came to his aid and that he was taken by ambulance to South Tipperary General Hospital and then to CUH where he underwent a decompressive craniotomy.
"Mr O'Leary was subsequently pronounced dead at 04.57 hours on the 23rd March 2018."
Mr Comyn extended his condolences to the family of Mr O'Leary who were in attendance at the inquest. The jury and Sgt Fergus Twomey also offered their condolences to the O'Leary family on the passing of a much loved son and brother.
READ NEXT :
Hero Irish shopkeeper 'grabbed axe and robber soon changed his mind'
Tommy Tiernan reacts to his chat with Roy Keane after leaving viewers divided
Thousands missing out on €1,000 boost due to lack of awareness of Budget changes
Man jailed for rural burglary found dead in cell just hours into prison sentence
RTE Dancing With The Stars Carl Mullan feared he'd be seen as 'joke' participant
Get breaking news to your inbox by signing up to our newsletter
