A man who splashed a passing motorist while hosing flowers in his garden and then hit him in the head with an iron bar cannot be sentenced until another court considers removing a suspension on another sentence for assault.
Noel Long, 65, of 28 Maulbawn, Passage West, Co Cork, was remanded in custody for sentencing yesterday after a jury found him guilty of assault causing harm to Brendan Murphy, 38.
However, Donal McCarthy, prosecution barrister, said sentencing could not proceed until the suspended sentence issue was determined. Long has a three-month suspended sentence for assaulting his sister Julianne Moore, in August 2011. That issue will be decided on in the district court and Long will be brought back to Cork Circuit Criminal Court for sentencing on the assault on which the jury convicted him.
Long described the assault with the bar as both involuntary and unintentional.
Long testified: “I hit him with my left hand. He counteracted with his right. I came over with my right, I had the bar in my right hand.”
Judge Ó Donnabháin said – after the jury verdict — in relation to these explanations: “He is either in the Bolshoi ballet or Duffy’s circus, but I don’t know what he was on about.”
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