Jason McGovern trial: Accused claims alleged witness was 'mistaken'

The County Tyrone man accused of the manslaughter of Jason McGovern has claimed that the witness who identified him as the attacker was "mistaken".

Mark Donnelly, 23, from Greencastle, denies killing the 19-year-old from Tydavnet, County Monaghan.

Mr McGovern died after being punched during a night out in Omagh, County Tyrone, on New Years Eve in 2012.

Mr Donnelly told his defence barrister: "She is mistaken. I did not strike anyone down by the Weigh Inn car park".

When asked about the prosecution claim that he struck the blow that resulted in the death of Mr McGovern, Mr Donnelly replied: "It's not true."

Under cross-examination by the prosecution, Mr Donnelly said he did not know the witness and admitted that he had previously accused her of lying.

He told the court that he had "possibly" confused "lying" with "mistaken" and denied lying to police and claimed to have told them what he could recall at the time.

He said he had been advised by a solicitor to make a short statement and "no comment" replies at his first series of police interviews, but that he subsequently answered all of their questions.

He accepted that he had not previously mentioned seeing anyone hitting anyone, when he now said he had witnessed an unprovoked attack outside the Terrace Bar in the town.

He was asked if he was being serious in claiming that he had forgotten that.

"I did not recall that," he replied.

The jury was told that Mr Donnelly had been convicted at a previous trial of affray following a fight outside the bar, earlier that evening.

The prosecution barrister asked if he was maintaining his innocence. He replied: "I accept that I was convicted."

He was asked if he was maintaining that he was an entirely innocent party. "I raised my left arm", he said.

Mr Donnelly was shown CCTV footage of the first fight outside the Terrace Bar after which the defendant ran across the street.

A short time later he was seen running away from the scene of the second attack.

The prosecutor put it to him, "It's something that you would do after cowardly hitting someone. That's your style, Mr Donnelly, you hit someone and run away."

Mark Donnelly said: "That's not true."

He was then shown another CCTV clip following the attacks, which showed him laughing with a crowd, one of whom was demonstrating how punches were thrown.

He was asked why he was engaged in "frivolity" and "having a laugh" with people after they had launched "a vicious, unprovoked attack".

Mr Donnelly denied that he was only prepared to admit what he did when shown it on CCTV.

The trial continues at Dungannon crown court.