Hammer blow victim settles case by himself

A man attacked with a hammer for selling Bisto instead of heroin settled a compensation claim without reference to lawyers, the High Court sitting in Cork heard yesterday.

Michael O’Brien, of 100 Eden Villas, Glasthuil, Co Dublin, was in a casino in Ballincollig, Co Cork, when he was attacked by a man with a hammer, who fractured his face in two places.

The reason for the attack was because Mr O’Brien had sold his attacker Bisto gravy powder instead of brown heroin powder.

Mr O’Brien brought a civil action against Jay Kay Leisure, of Riverstick, Co Cork, owners of the casino where the attack occurred.

His case — described by John Lucey SC, for Jay Kay Leisure, as hopeless — failed in the circuit court and was in the list for hearing of the appeal at the High Court sitting in Cork yesterday.

However, there was no sign of Mr O’Brien.

James O’Mahony SC said Mr O’Brien had come to an agreement with Jay Kay Leisure in settlement of the case, but without any reference to his solicitor, Martin Harvey, or solicitor for the defence, Harry McCullogh.

Mr Lucey said two directors of Jay Kay Leisure were in court to confirm they had spoken directly to Mr O’Brien and settled the case with him. Mr Lucey said the case should be struck out.

Mr Justice Roderick Murphy adjourned the case until April for Mr O’Brien’s legal team to discuss the matter with him. He indicated it may be struck out if Mr O’Brien is not present on the next occasion.