Alison O'Riordan
A man who admits killing but denies murdering a construction worker was heard boasting that he had knocked the deceased out and comparing himself to UFC fighter Conor McGregor, a prosecution barrister has told a trial.
The 12 jurors were also told by the State on Tuesday that 26-year-old Cian Gallagher, who was working on a construction project in Co Waterford, died from a brain bleed eight days after he was punched and knocked to the ground by the accused man. The defendant later described the altercation to gardaí as a "pure accident".
It was during the opening of the trial of Maurice Boland at the Central Criminal Court that prosecuting counsel said CCTV footage would show the accused punching Mr Gallagher when the deceased had his hands up and was backing away.
Maurice Boland (36) of Bridgeview Close, Tallow, Co Waterford has pleaded not guilty to murder but guilty to the manslaughter of Cian Gallagher (26) at Barrack St in Tallow on November 10th 2022.
The jury has heard that the deceased man was from the Malahide Road in Dublin 17 and worked as a mechanic in Tallow up to the time of his death.
Opening the prosecution's case on Tuesday, Roisin Lacey SC, for the Director of Public Prosecutions, told the jury that the accused Mr Boland accepts he caused the death of Mr Gallagher and that their focus would be on the defendant's intent that night. "The issue between murder and manslaughter is a critical one for you," she added.
Night of altercation
Outlining the facts of the case, Ms Lacey said "an altercation" took place between the two men shortly after midnight on November 2nd at Tallow.
She said Mr Gallagher had been working with a construction company at the time and had travelled to Tallow. When Mr Gallagher had finished work that evening he drank several pints in a public house, she continued.
The prosecution barrister went on to tell the court that the accused Mr Boland had been drinking in two pubs in Lismore and took a local bus back to Tallow around midnight. She said Mr Boland lived a kilometre away from Tallow and was dropped off by the bus around 00:07am.
Counsel said Mr Gallagher can be seen on CCTV footage walking up Barrack Street at 00.14 and the accused is seen crossing the road over to the deceased's side. She said there was no CCTV footage from that side of the road.
Subsequently, the barrister said, both men came back across the road onto the side from where the accused had originally been. "It is clear there is an altercation, you can see the accused's action of punching Mr Gallagher and the deceased had his hands up and was backing away," she said.
At one point, the lawyer said, a punch was thrown by the accused and when it connected with Mr Gallagher it caused him to fall to the ground. "He did not get up again," she added.
CCTV
CCTV footage, she said, showed the accused making some attempts to lift Mr Gallagher off the ground. A car driven by the accused's girlfriend appeared but then reversed away, she said.
At 00.26 when Mr Gallagher was on the road, she said, another car arrived with three young men in the vehicle. She said the men attempted to lift Mr Gallagher off the road and bring him to the side while an ambulance was called.
The barrister further stated that the jury would hear from the young men about their observations of the accused, Mr Boland, his state of intoxication and what they say they heard the defendant say.
There will be evidence, counsel said, that one of the men heard the accused say that Mr Gallagher tried to hit him so he hit him first and knocked him out. "He [Mr Boland] was comparing himself to Conor McGregor saying he should be in the UFC and bragging about it," continued Ms Lacey.
Counsel added: "Another [man] said the accused man said he was bragging about knocking him [Mr Gallagher] out and that he should have been a fighter like Conor McGregor".
Ms Lacey told the court that the jury will also hear from gardaí who arrived at the scene and the interaction they had with the accused.
She also indicated to the jury that when a garda cautioned the accused, Mr Boland replied: "He swiped at me, I ducked and I hit him.
"He met me on the street and asked me to follow him, he said he had drink. I don't know man, he went to hit me and I came back. He was onto me about the Russians".
Counsel said the court will hear that Mr Boland was arrested at the scene and brought to Dungarvan Garda Station, where a cut or injury to his hand with blood on it was observed and photographed by gardaí. She said the accused wasn't interviewed immediately as he was deemed unfit by a doctor.
Garda interviews
The court heard further evidence will be that Mr Boland was interviewed on a number of occasions the next day, where the accused told gardai that words were exchanged between him and the deceased and that Mr Gallagher "went to attack" him.
The accused told gardai he had just hit Mr Gallagher once, struck him on the face and that it was a "pure accident".
In the next interview, Ms Lacey said the accused told gardaí he had crossed the road over to where Mr Gallagher was on the night and asked him for a light. The accused man told gardaí that he had punched Mr Gallagher twice and said the deceased must have hit him before that.
The prosecution barrister went on to tell the court that the accused denied having any intention to fight Mr Gallagher on the street that night.
Counsel told the court that Mr Gallagher was unconscious at the scene and taken by ambulance to Cork University Hospital, where he was treated for an acute subdural haemorrhage. The deceased was found to have a bleed on the brain from an impact injury to the back of his head.
She said Mr Gallagher did not regain consciousness, developed pneumonia and died on November 10th.
Ms Lacey said the evidence will be that the cause of death was a traumatic brain injury together with a fall. CCTV footage, she said, showed Mr Gallagher falling backwards when the punch connected with him.
Giving evidence on Tuesday, Mr Gallagher's employer, Colm Kelly, testified that his company was resurfacing a boreen for Tallow community and that the deceased was one of the men on the project.
He said Mr Gallagher had driven his truck to Tallow on the morning of November 1st and that he [the deceased] was expected to stay there for up to five days.
He described the deceased as a "top class employee", very reliable and honest, very hardworking and "a privilege to have working for you".
Mr Kelly said the last time he saw the deceased was at 6:10pm that evening when he left the yard. He agreed with prosecuting counsel that Mr Gallagher was in a managerial type role and worked mainly on civil construction projects.
Under cross-examination, the witness told Michael Bowman SC, defending Mr Boland, that the job in Tallow involved resurfacing a walkway and was a community project.
Mr Bowman put it to Mr Kelly that it was fair to say that Mr Gallagher was "a rock of sense and stability", to which the witness replied that the deceased was "an incredibly great guy" and very easy company.
"I could always guarantee if he was on a job it would go well, he was honest and a very polite guy," added the witness. Asked whether the deceased knew anyone in Tallow, Mr Kelly said he did not.
The trial continues. It is expected to last two weeks.
