A 69-year-old woman had a flower pot knocked over on top of her leg by a younger neighbour who was having a noisy party next door, it was alleged yesterday at Cork District Court.
Alan Dennehy, aged 34, of 29 Charles Daly Rd, Togher, Cork, faces charges relating to an alleged incident at a house at Heatherton, South Douglas Rd, Cork, on November 4 last year.
Mr Dennehy is accused of assault causing harm to the pensioner, damaging a boundary wall, trespassing on the curtilage of the woman’s property, and producing a hammer in order to do damage.
Judge David Waters initially asked for an outline of the allegations so he could decide on whether or not to accept jurisdiction to deal with the case.
Inspector Brian O’Donovan said the alleged incident occurred at 3am on November 4, 2016, when there was “some kind of dispute about a party going on” in the house next door to the complainant.
The inspector said the woman lived there with her husband.
The couple had knocked on a partition wall by way of complaint about an alleged noisy party at that hour of the morning.
The defendant, it would be alleged, then appeared in their front garden with a hammer in his hand and that there was some kind of altercation.
Mr Dennehy allegedly pushed the woman and also caused the pot to fall. It is alleged that it fell on her leg.
The defendant alleged yesterday he was also assaulted during the incident.
The woman’s injuries consisted of bruising to her shoulder and elbow.
Judge Waters said it was a borderline issue in terms of whether it was a suitable assault case to be dealt with at district court level.
The judge said that, as he was a visiting judge, he was going to leave it up to the permanent judge for Cork District Court, Judge Olann Kelleher, to decide on jurisdiction, as his colleague would ultimately be dealing with the case.
Judge Waters put the matter back for two weeks.
He also acceded to an application from solicitor Eddie Burke to direct the prosecution to deliver to the defence a copy of the evidence.
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