Accused ‘stood out like beacon’
The man’s solicitor, Frank Buttimer, also claimed at Cork District Court the injured party had told gardaí the man who assaulted him had a moustache and that the defendant was the only one in the line-up with a moustache.
He said the defendant, Liam O’Keefe, of Ballyphehane, Cork, was escorted from the holding cell at Togher Garda station with no shoes.
“He was the only one wearing an Ireland jersey and barefoot, everyone else was mop-top student types. He was standing out like a beacon,” Mr Buttimer claimed.
Inspector Finbarr O’Sullivan called a number of Garda witnesses who denied the identity parade was as described.
The inspector also said he took exception to Mr Buttimer describing the investigation as “shoddy”.
Allegations that the injured party saw the defendant in the presence of two gardaí shortly before the identity parade were rejected by Garda witnesses.
At the end of the case, Judge Leo Malone said: “I unreservedly accept the evidence of the guards. I find that Mr Healy [the injured party] correctly identified him in Togher.”
The judge was then told that the defendant had 11 previous convictions including several public order offences and one for violent disorder.
After hearing all the evidence — including the identity parade evidence and the fact the defendant was arrested within a kilometre of the assault half an hour after it occurred and that he was carrying a wine bottle that was allegedly used in the assault — Judge Malone convicted O’Keefe of assaulting Billy Healy on January 14 2007.
He imposed a six-month jail sentence on for assault and a three-month concurrent sentence for being threatening.
