The Court of Criminal Appeal has upheld Ronan McGrath's conviction for reckless endangerment following an incident near Portobello Bridge in Dublin which resulted in the death of 19-year-old David Langan.
Langan suffered fatal head injuries at Grove Road in the early hours of 26 August 2000 and died in Beaumont Hospital four days later. His death was initially believed to have resulted from an accidental fall, but his body was later exhumed for a further autopsy after more information emerged.
At McGrath's 2002 trial in Dublin Circuit Criminal Court, evidence was given that an argument began outside the Palace Nightclub on Camden Street after Langan pushed McGrath into shutters. McGrath, then 17, followed Langan towards Portobello Bridge while friends tried to restrain him.
Witness Thomas Rooney testified that McGrath threatened Langan and shouted at his cousin Fergal Cagney to hit him. Rooney said Cagney then delivered two powerful blows to Langan's head. Another witness described seeing Langan fall backwards onto the roadway and hearing his head strike the ground.
The jury acquitted McGrath of manslaughter but convicted him under section 13 of the Non-Fatal Offences Against the Person Act 1997. He received 15 months' detention.
McGrath argued on appeal that the endangerment count should never have been left to the jury and that his conviction was inconsistent with his manslaughter acquittal.
The appeal court rejected both points. It held that section 13 created a general offence where a person intentionally or recklessly engages in conduct creating a substantial risk of death or serious harm. Such an offence can exist whether or not injury actually results.
Looking at the prosecution evidence at its strongest, the court held there was sufficient evidence from McGrath's pursuit of Langan, threats and instruction to Cagney to hit him for a jury to consider the offence proved.
The conviction appeal was dismissed. McGrath's separate grounds concerning his sentence had not yet been argued.