A 68-year-old Fairhill man has been bound to the peace and told to stay away from his neighbour for a year. He was also fined €350 for assaulting him.
Timmy O’Riordan, 68, of 29 Fairhill Drive, Fairhill, Cork, pleaded guilty in June to a charge of assaulting Timmy Forde at Fairhill Drive, Fairhill, Cork, on July 16, 2018. Sentencing was put back until today.
Michael Malone, solicitor, said that while O’Riordan had pleaded guilty to the charge he argued that it should be struck out today, alleging that O’Riordan had been acting in self-defence. He claimed that Mr Forde may have stumbled as a result of being unsteady on his feet.
Judge Olann Kelleher proceeded to convict and fine O’Riordan for assaulting his next door neighbour and bound him to the peace.
Sergeant John Kelleher outlined the background to the case on the last occasion: “On July 16, 2018 gardaí from Gurranabraher attended at Fairhill Drive, Fairhill, where they met Timmy Forde who alleged that he had been assaulted by his neighbour, Timmy O’Riordan.
"Garda Sharon MacCarthy observed that Mr Forde had a large cut to his head and was being treated by ambulance personnel who were at the scene."
“Gardaí subsequently interviewed Timmy O’Riordan after caution and he made a statement admitting that he did hit Timmy Forde but he claimed self-defence and that Timmy Forde came into his driveway in a threatening manner and threatened him by saying he would get him shot by the IRA.”
Timmy Forde – the injured party – is being prosecuted for engaging in threatening words or behaviour. Frank Buttimer, solicitor, said Timmy Forde was pleading not guilty to this charge and that case against him was adjourned until November 12 for hearing at Cork District Court.
Sgt Kelleher said Timmy O’Riordan, who admitted assault, had no previous convictions of any kind.
“The CCTV footage of the incident shows that Mr Forde was beckoning Mr O’Riordan on to the street and then he entered Mr O’Riordan’s driveway. This is contrary to Mr Forde’s statement where he stated that it was Mr O’Riordan who was gesturing for him to come into his drive. The injury appears to have occurred when he fell,” Sgt. Kelleher said.
Timmy Forde gave victim impact evidence after O’Riordan pleaded guilty to assaulting him: “Psychologically, it has affected me long term. I just cannot come to terms with it. I was speaking to this man a week before and I said, ‘How are you getting on fishing?’."
Mr Malone, solicitor for O’Riordan, said the defendant had reached the age of 68 without any conviction of any kind.
“My client was at his home on the night. Mr Forde made his remarks. My man was not the aggressor by any means and acted for the protection of himself. There were some previous adventures with this man (Mr Forde, the injured party). He (O’Riordan) wanted to put him outside the gate. It (Mr Forde’s injury) was a self-inflicted thing from the condition he was in.”