A witness has described how he tried to stop a bus driver from seeing the body of a man who was allegedly knocked under his bus on Dawson Street a year and a half ago.
Edward Connors (30) is alleged to have punched Eoghan Dudley (28) causing him to go him to go under the bus which crushed his head. The jury has already viewed CCTV footage allegedly showing the moment he was killed.
Today the court heard Mr Connors admits that he was at the scene and had contact with the deceased. However his defence counsel said that what may appear to be a punch was actually him trying to grab Mr Dudley and stop him going under the bus.
Mr Connors of no fixed abode and formerly of Bearna Park, Sandyford, has pleaded not guilty at Dublin Circuit Criminal Court to unlawfully killing Eoghan Dudley (28) on Dawson Street on December 6, 2012.
Dublin Bus driver David O'Leary gave evidence that he saw a man fall "straight down" off the path and under the bus. He told prosecuting counsel Tom O'Connell SC that he thought that the man was unconscious before he hit the ground because he made no effort to break his fall.
Mr O’Leary was a passenger on an out of service Dublin Bus which was driving in heavy traffic down Dawson Street. He was directly behind the 145 bus when Mr Dudley went under it.
Mr O’Leary said the footpaths were very crowded with Christmas shoppers and he didn’t see the deceased being struck, he only saw him fall.
He said he saw a man run from the scene and decided to get off the bus and chase him. He was giving chase when he noticed the driver of the 145 bus getting off.
“Straight away I decided to give up the pursuit,” Mr O’Leary said. “My main priority was to ensure he didn’t see anything. I blocked his path; I wouldn’t allow him to exit the bus.”
Mr O’Leary said to the driver: “Don’t go back there, there’s nothing you can do. The chap is dead.”
The trial heard from Richard Cross who was driving the bus directly behind the 145. He said that he saw a scuffle between two men on Dawson Street.
He said that one of the men hit the other who then fell off the path and under the bus. He said that he thinks he used a closed fist but that “it wasn’t a full force punch.”
A passenger on the 145 said he was looking out the window for his bus stop when he saw “some type of altercation going on”. John Doody said he saw one man push another man with both hands before striking him in the face.
He said the alleged victim fell back and went under the bus he was on.
The trial also heard further evidence from Mark Moore, who was a friend of the accused and was with him at the time of the incident. The pair had been begging in town earlier before taking heroin down a laneway.
Defence counsel Caroline Biggs SC put it to Mr Moore that her client was trying to grab Mr Dudley to save him from falling under the bus.
Mr Moore said that he was “1000 per cent sure” it he saw Mr Dudley get a punch from Mr Connors.
Ms Biggs asked the witness if the heroin might have affected what he saw or what he remembered. He replied that he will never forget what he saw that day and that the heroin did not impact this.
He said he took heroin at the time to stop “feeling sick”, not to get high. He agreed that he could have been taking the “head shop” drug snowblow around that period but that he didn’t take any on that day.
The trial continues before Judge Patrick McCartan and a jury of seven women and five men.