A man claimed he was followed down a lane and struck with a glass but the man who admitted assault was adamant that he did not use a glass.
Cian Duggan of 36 Killiney Heights, Knocknaheeny, Cork, pleaded guilty to a charge of assault causing harm to Timmy Duncliffe causing harm on October 9 2017 at Winthrop Lane.
The victim claimed he was glassed and said the defendant struck him on the top of his head with a glass.
Frank Buttimer, solicitor, said the defendant was putting his hands up and acknowledging responsibility for the assault but was adamant that he did not use a glass.
Timmy Duncliffe was followed down an alley surrounded by the defendant and others.
“I was glassed down on top of my head by Cian,” Mr Duncliffe said.
Mr Buttimer said, “My client said he did not use any glass to strike you.”
The injured party said there was video evidence of the incident from CCTV.
“It clearly shows me being surrounded and attacked,” the injured party said.
Mr Buttimer said, “There was provocative behaviour on your part".
Mr Duncliffe said, “I believe the video shows that is a lie.”
Mr Buttimer put it again to the injured party that he provoked the defendant.
Mr Duncliffe repeated, “I was surrounded and attacked.”
He accepted that he had not seen the CCTV.
Sergeant John Kelleher said both the defendant and the injured party were prosecuted arising out of an alleged incident previously but he said all charges were struck out against both of them.
Judge Olann Kelleher said it was to the credit of Cian Duggan that he was pleading guilty to the serious charge of assault causing harm on October 9, 2017.
“But he was the aggressor and caused the difficulty on the occasion,” the judge said, adding that Duggan, aged 26, could do 200 hours of community service instead of four months in prison.
Sgt Kelleher said CCTV showed Cian Duggan appearing to throw something at Mr Duncliffe who retreated back from Caroline Street on to Winthrop Lane.
Mr Buttimer said the defendant had his jaw broken in the previous disputed incident but ultimately convictions were not recorded against anyone.