Pathologist tells trial Mountjoy prisoner died from injuries that caused brain to rotate

A Mountjoy prisoner who died after an alleged assault in a cell suffered blunt force trauma injuries that caused his brain to rotate, a pathologist has told the Central Criminal Court.

Chief State Pathologist Dr Linda Mulligan has told David Dunne's murder trial that head injuries to the deceased, Robert O'Connor, could have been caused by punching, kicking or stamping.

She said the resulting complications from that blunt force trauma caused his death without any other contributing factors.

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Mr Dunne (40), with a last address in Summerhill, Dublin 1, has pleaded not guilty to the murder of Robert O’Connor on the 29th of July 2022 at Mountjoy Prison, North Circular Road, Dublin 7.

The jury have been told they will hear evidence from a prison officer who will say that he saw Mr Dunne “stamping on the head” of Robert O’Connor on the floor of a prison cell. Another officer is to give evidence that he witnessed Mr Dunne kicking Mr O’Connor in the head.

The jury are to hear that during the course of his garda interviews, Mr Dunne told gardaí he had invited Mr O’Connor into his cell because he wanted to speak to him about an earlier assault the deceased had suffered two days earlier. They will hear that Mr Dunne told gardaí that Mr O’Connor attacked him, and he acted in self-defence.

Dr Mulligan told prosecution counsel Michael Delaney SC that before she started her examination, gardai told her that Mr O'Connor had been assaulted on July 27 resulting in a bleeding nose and damage to his right pupil. He was advised to go to Accident & Emergency but refused.

Two days later he suffered a second assault resulting in a collapse. He went into a coma and despite medical attention over three days, he remained unresponsive. Brain stem testing showed that he was dead so his kidneys were donated and death was formally pronounced at 1.34pm on Aug 1, 2022.

In Dr Mulligan's conclusions, she said Mr O'Connor suffered multiple blunt force trauma type injuries associated with bruises and abrasions on his head, trunk, legs and arms. He had also suffered a fractured nose.

Examination of the brain showed swelling, bleeding and damage due to a lack of oxygen and blood supply. The blunt force trauma she observed could be caused by stamping, punching or kicking, she said.

Dr Mulligan said the blunt force trauma caused rotational force which caused tearing of nerve cells in the brain.

"The skull is a rigid structure, so if there is impact the brain will move within this rigid structure but doesn't have a lot of room to move, so that rotation of the brain will cause the nerve cells to get torn or shorn from the rotational force," she told the court.

The pathologist said the significant brain trauma evident during her examination and diagnosed by a neuropathologist was most likely sustained during the second alleged assault. She said it would not have been possible for Mr O'Connor to be upright and walking around with those injuries.

Under cross-examination, Dr Mulligan agreed with defence counsel Brendan Grehan SC that Mr O'Connor did not suffer any skull fractures. She further agreed that finding a cause of death can be complicated when dealing with brain injuries.

It's not possible to tell what caused the blunt force trauma injuries but it is "something that could be caused by punches, kicks or stamping," she said. The trial continues before Ms Justice Mary Ellen Ring and a jury.

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