A man out walking dogs was attacked from behind by his partner’s ex-boyfriend, who warned him to stay away from her.
That was the allegation at the centre of a disputed case at Cork District Court yesterday.
Mark Callanan, aged 25, of 250 Connolly Rd, Ballyphehane, Cork, pleaded not guilty to assaulting Richard Murphy at Vicars Rd, Cork, on February 17, 2016.
Judge Aingil Ní Chondúin noted Callanan’s denial but said that it would have been an awful lot of trouble for the injured party to have gone to a garda station with a visible head injury and then gone to hospital for treatment if it did not happen.
The judge convicted Callanan, who had two previous assault convictions, and fined him €400.
Mr Murphy testified that he was walking dogs on Vicars Rd after 9pm when he sensed someone coming up behind him.
“I thought it was someone jogging so I moved in,” he told the court. “I got a blow to the back of the head. I fell to the floor. I getting kicked to the ribs and hits to the head. As I was getting up Mark hit me again in the head and told me: ‘Keep away from Nicole.’ I got up and walked the other way. My head was cut open and my ribs were bruised.”
Cross-examined by Eddie Burke, solicitor, Mr Murphy said Callanan was his first cousin. He said there were issues between the defendant and his ex-partner and they have a child.
“Normally in doctor’s notes there is a cause of injury and that is not noted here,” Mr Burke said.
Callanan claimed he had nothing to do with the assault and was not there when it occurred and suggested Mr Murphy was only saying it to back up his ex-partner over other issues.
After caution when questioned by the guard five weeks later, Callanan said: “It didn’t happen, it wasn’t me.”
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