Man cleared after ‘attacking his attacker’

By Liam Heylin

A man who pulled off his hoodie to run after someone who had punched him in the head was also seen on CCTV picking up a child’s hurley to confront his assailant.

Yesterday, he was cleared of all charges against him.

Shane Casey, aged 26, of 11 Assumption Villas, Passage West, Co Cork, admitted, through his solicitor, Diarmuid Kelleher, that he was one of the two men caught on CCTV at the Oliver Plunkett St entrance to Penney’s in Cork City on September 27, 2017, but claimed all of his actions were in self-defence.

Garda Donal Daly said from his observation of the CCTV evidence, Mr Casey went further than necessary for self-defence: He had gone out on the street and taken up an active fighting stance before engaging in an actual fight and then picked up a child’s hurley to confront the other man.

Mr Casey was put on trial at Cork District Court yesterday on charges of engaging in an affray where bystanders were put in fear and producing a weapon — namely the hurley — during the incident.

Diarmuid Kelleher, solicitor, said the other party had clearly started the whole thing by launching himself at Mr Casey and punching him in the head as Mr Casey entered Penney’s with his partner.

Garda Daly said Mr Casey could have gone in to Penney’s if he was concerned about a further attack from the man.

Mr Kelleher said Garda Daly may have behaved in that manner but that Mr Casey was someone living on his wits who had just been attacked.

Judge Con O’Leary said: “Is it proper to ask him to think rationally after he is walking in the door of Penney’s and gets a good box in the face? I think it is asking too much of Mr Casey. He was attacked. He did not know if it was over or not. He sought to defend himself by attacking his attacker. I cannot say (beyond reasonable doubt) that he was definitely, categorically wrong. I cannot say that. I dismiss the charges.”

Mr Casey claimed, through his solicitor, that the man said he had a blade and was going to cut him — it was only then that Mr Casey grabbed the hurley. The other man, who previously got a three-month jail term, had been in a previous relationship with Mr Casey’s girlfriend.