‘Sportsman' jailed for six years over ‘one-stride kick' assault of man outside Kildare pub
man who died
after he was assaulted during a melee outside a Kildare pub nearly three years ago.
Sentencing the man at the Central Criminal Court on Monday, Ms Justice Caroline Biggs said the prosecution had argued that Calvin Dunne, of Abbey View, Monasterevin, had taken 'a running kick' at Dylan McCarthy (29) while he was on the ground.
However, having viewed the CCTV footage again, the judge said that it seemed to her to be 'a one-stride kick' that made contact with the head.
A co-accused, Sean Kavanagh (27) was jailed for two years and two months having been convicted of assault causing harm and violent disorder arising from the same incident, at Dublin Road in Monasterevin, Kildare, on August 21st, 2022.
READ MORE
Dunne was acquitted of murder but convicted of
manslaughter
by a Central Criminal Court jury following a trial earlier this year. He was also found guilty of violent disorder.
He denied both charges.
Two weeks into the trial, Kavanagh, with an address at St Mary's Lane, Church Avenue, Monasterevin, pleaded guilty to a charge of assault causing harm to Eamonn McCarthy, the father of the deceased. A charge of violent disorder was taken into consideration.
After a defence application, Ms Justice Biggs then directed the jury to find Kavanagh
not guilty of the murder
of Dylan McCarthy, a charge he had denied.
It was the State's case that Mr McCarthy died following an incident in which he received punches and a kick to the head from Dunne while he was attempting to get up off the ground outside the Bellyard pub in Monasterevin.
Sean Kavanagh (27), of St Mary's Lane, Monasterevin, was jailed for two years and two months having been convicted of assault causing harm and violent disorder. Photograph: Collins Courts
Two eyewitnesses told the jury that Dylan McCarthy was kicked in the head, with one describing the noise as 'a loud thud' that was 'like
kicking a football
', while the other said it sounded 'like a car door' shutting.
Dunne
contended
, however, that he was acting in self-defence, that Mr McCarthy was himself 'involved in violence' on the night and that he did not kick the deceased in the head.
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.
In delivering sentence today, Ms Justice Biggs said that a probation report on Dunne indicated that he had a clear understanding of what he had done and was at a low risk of reoffending. She noted he was a 'good sportsman' who was loved by his friends and family and who had no previous convictions.
On the manslaughter charge, Ms Justice Biggs set a headline sentence of nine years, which she reduced by 25 per cent to six years and nine months, with the final six months suspended for 12 months to encourage his further rehabilitation.
The violent disorder charge was taken into consideration.
In the case of Kavanagh, for the assault causing harm charge, Ms Justice Biggs said the offence belonged in the very upper end of the mid-range, with a headline sentence of 40 months.
She reduced this by 25 per cent to two years and six months, with the final four months suspended for 12 months to ensure rehabilitation. The violent disorder charge was taken into consideration.
Hashtags

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles


Irish Times
2 hours ago
- Irish Times
Two gardaí facing corruption-related charges appear in midlands court
Two gardaí who appeared in court in the midlands are being sent forward for trial at the Circuit Criminal Court on a number of corruption-related charges. Sgt James Muldowney of Greenville, Caltra, Ballinasloe, Co Galway, and Garda Brian Carroll of Ballinaboy, Kilteevan, Co Roscommon, are serving members in the Mayo-Roscommon-Longford Garda division. The two accused appeared at Longford District Court on Monday before Judge Michael Connellan. Neither spoke during the brief preliminary hearing. Det Sgt Paul Dowling of the Garda Anti-Corruption Unit (GACU) gave evidence of arresting and charging the defendants on July 28th last. READ MORE Garda Carroll (42) has been charged with disclosing confidential information on September 9th, 2021, to another individual at Esquires Coffee, N4 Axis Centre, Longford, and attempting to obstruct the course of justice, contrary to Section 62 (1) and (2) of the Garda Síochána Act. The charge stipulates that he obtained information 'in the course of carrying out duties in this office, employment contract or business or other arrangements, knowing the disclosure of said information was likely to have a harmful effect'. Garda Carroll is also accused of perverting the course of justice, where it is alleged he 'damaged his mobile phone before a Garda search of his home' at Ballinaboy, Kilteevan, on March 16th, 2022. Sgt Muldowney has been charged with stealing a sum of cash at a property at Palace Drive, Ardnacassa, Longford, on September 29th, 2021. The more senior officer is also charged with allegedly using harm, threatening, menacing, intimidating or putting fear in another person 'with the intention of causing the investigation or the course of justice to be obstructed or interfered with' on January 17th, 2024, contrary to Section 41 of the Criminal Justice Act, 1999. Det Sgt Dowling said Garda Carroll was arrested at Granard Garda station on July 28th last shortly after 10am and he was charged with the two counts. He stated Garda Carroll was cautioned and made no reply when the charges were put to him. Dt Sgt Dowling said Sgt Muldowney was also arrested at Granard Garda station shortly after 10am on July 28th, and he also made no reply when cautioned after the charges were put to him. Det Sgt Dowling told Judge Connellan that the Director of Public Prosecutions (DPP) had directed trial by indictment in respect of both men. The DPP has agreed both accused could be sent forward on a 'signed plea, should this arise'. Det Sgt Dowling told Judge Connellan the book of evidence may be completed and ready within eight weeks. Niall Flynn, BL, defending, said his client, Garda Carroll, was protesting his innocence and 'anxious to clear his name'. Judge Connellan remanded Garda Carroll on continuing bail to appear again at Longford District Court on October 14th next. Solicitor Diarmuid Quinn, for Sgt Muldowney, said his client had requested he be excused from attending court on the next occasion if the book of evidence was not yet ready. Judge Connellan agreed to the request and directed Sgt Muldowney not to make contact, directly or indirectly, with the witnesses in the case. He remanded Sgt Muldowney on continuing bail until October 14th next at Longford District Court.


Irish Times
4 hours ago
- Irish Times
Gallagher brothers' sibling Paul dropped from Oasis after-party in Dublin ahead of court date
Paul Gallagher, the older brother of Liam and Noel Gallagher , will no longer perform an Oasis after-party DJ set in Dublin ahead of his court appearance this month. He was due to appear at The Grand Social this weekend to coincide with the Oasis reunion tour's Dublin performances. Police said in July that Paul Gallagher (59), who lives in East Finchley in north London, had been charged with rape, coercive and controlling behaviour, three counts of sexual assault, three counts of intentional strangulation, two counts of making a threat to kill and assault occasioning actual bodily harm. The alleged offences are claimed to have taken place between 2022 and 2024, the Metropolitan Police said. READ MORE He is due to appear at Westminster Magistrates' Court on Wednesday, August 27th. A spokeswoman for The Grand Social venue confirmed that Paul Gallagher 'will no longer be DJing at our Oasis after-party'. 'Mani from The Stone Roses will DJ on Saturday night and Alan McGee will DJ on Sunday,' she said. The promoters of the event, Up Close and Personal Promotions, have been contacted for comment. Liam and Noel Gallagher announced last August that they would this year perform together for the first time since Oasis's dramatic split in 2009. The Oasis Live '25 tour kicked off in Cardiff's Principality Stadium in July, before moving on to Manchester, London and Edinburgh. The band have two upcoming sold-out performances at Dublin's Croke Park , on Saturday, August 16th and Sunday, August 17th. – PA


Irish Times
4 hours ago
- Irish Times
Irish authorities tackle 52 cases of international child abduction by parents
Irish authorities are involved in efforts to resolve 52 ongoing abduction cases, where children have been moved to or from Ireland. The Irish Central Authority, which falls under the remit of the Department of Justice , handles international parental child abduction cases under The Hague Convention . As of August 7th, the authority was working on 39 outgoing cases, where a parent is in Ireland but their child or children were taken to another country. It is also working on 13 incoming cases, where a parent in another country is seeking the return of their child or children from Ireland. In 30 of the 39 outgoing cases, the children in question are understood to be in Europe, with nine cases involving children who are outside Europe. Eight of the 13 incoming cases relate to children who were previously located elsewhere in Europe, with five cases involving children previously outside Europe. READ MORE 'Each case can involve one or multiple children,' a spokesman for the Department of Justice said. 'In the majority of cases, this arises after a relationship between parents breaks down, and one parent chooses to leave their country of residency prior to issues of custody and guardianship being finalised.' An Irish man recently initiated legal proceedings against the Government over its perceived failure to intervene in locating his young daughter , whose mother moved her to Poland without his consent. Irish authorities said they have 'provided extensive consular assistance' in the case. The father has also criticised Polish authorities for their failure to locate his young daughter and said The Hague Convention was 'not fit for purpose'. In 2024, 20 outgoing cases were resolved, where children were returned to Ireland; nine cases were finalised in 2023; 16 in 2022; 31 in 2021; and 15 in 2020. In 2024, 21 incoming cases were resolved with children returned from Ireland to another country. A further 10 cases were resolved in 2023; eight in 2022; 19 in 2021 and eight in 2020. As with outgoing cases, some involved multiple children. Ireland is one of over 100 countries party to The Hague Convention on the Civil Aspects of International Child Abduction. The convention 'aims to ensure that an abducted child is returned to the country where they normally live, so that issues of custody and guardianship can be decided by the courts of that country,' a spokesperson for the Department of Justice said. The authority 'communicates updates or requests for information between a parent in Ireland and the authorities of the other state involved,' a statement noted. 'It is not involved in the legal proceedings of the other country. It relies on the authorities of the other state to progress the application through their institutions and to keep it informed of any developments.'