Two men were bound to the peace in a case where one claimed he was headbutted and the other was left with a broken jaw.
After hearing the evidence at Cork District Court yesterday, Judge Olann Kelleher said he could not be satisfied beyond reasonable doubt to convict either man of assaulting the other. In those circumstances, he dismissed the case against both men but bound each of them to the peace for a year.
Billy Kelly, aged 30, of 42 Glenfields Park, Ballyvolane, pleaded not guilty to assault causing harm to Stephen Mulcahy.
Mr Mulcahy, aged 40, of 58 Seanabothar, Killeens, Co Cork, pleaded not guilty to assaulting Kelly.
Mr Mulcahy said he opened his front door on May 9, 2014, to find Kelly saying something about his sister, who lives next door to Mulcahy. There was disputed evidence about an altercation the previous day between Nicola Kelly and Mr Mulcahy.
Mr Mulcahy said yesterday that apart from remembering Mr Kelly was shouting about his sister, he recalled nothing else other than regaining consciousness 20 minutes later with a broken jaw and blood coming out of his ear.
Mr Kelly said he was concerned about what his sister had told him so he went to talk to Mulcahy. He alleged Mr Mulcahy headbutted him, not making very forceful contact, and that he retaliated with a single punch which made forceful contact with Mr Mulcahy’s jaw. Ms Kelly described the punch as a defensive action.
Lacking sufficient evidence on which he could convict either man of assault, Judge Kelleher dismissed the charge against each man. “They can take civil action if they wish,” he said.
On the application of Insp Bill Duane, Judge Kelleher bound both men to the peace for 12 months.
© Irish Examiner Ltd. All rights reserved