Cork man found guilty of assaulting motorist who stopped for cattle crossing road

Defendant denied incident in Innisccrra in August 2020 ever happened and told court complainant 'is making all this up'

Complainant said he was driving home that evening when he stopped to let cattle pass and that he was approached and was struck with a stick through the open window of his car and that the car was struck with the stick. Picture: Larry Cummins

A 51-year-old man was found guilty of assaulting a motorist who stopped for cattle crossing a road in Inniscarra but the accused still claimed the victim was “making all this up”. 

Judge Marian O’Leary delivered judgement in the case at Cork District Court on Thursday. The judge found Hugh O’Brien of Donoughmore, Co Cork, guilty of assaulting Ciarán Lynch at Curraleigh, Inniscarra, Co Cork, on August 28, 2020, and causing criminal damage to his car.

Mr Lynch said he was driving home that evening when he stopped to let cattle pass and that he was approached and was struck with a stick through the open window of his car and that the car was struck with the stick. Criminal damage to the car was put at over €1,700.

Hugh O’Brien denied both offences. Judge O’Leary delivered her judgement having previously heard evidence. The defendant was absent from court when she first gave her decision on Thursday. He arrived later in the morning and she repeated her judgement for him.

“I gave my decision in the case and you were not here,” Judge O’Leary said. Hugh O’Brien said: “I was delayed coming down from Donoughmore in traffic.” 

Conflict of evidence

Judge O’Leary said there was a complete conflict of evidence in the case where Ciarán Lynch alleged he was struck with a stick by Mr O’Brien and the defendant also struck his car with the stick.

Judge O’Leary said the defendant and his sister, Esther, both denied the injured party’s evidence.

“Garda Niall McGrath was the only independent witness. He attended at the home of Mr Lynch and observed that he had a graze to his cheek and a cut. He was very shook and very upset. Garda McGrath saw a number of dents in the car that were small in nature,” Judge O’Leary said.

The judge said particularly in view of the Garda evidence she was finding Hugh O’Brien guilty.

The defendant referred to Garda Niall McGrath and said he [Hugh O’Brien] had a complaint three years before and that “this guy McGrath refused to take the case to court”. 

He said in relation to being found guilty of assault and causing criminal damage: “I wasn’t even there… I never met him, I never spoke to him — a fella adding two and two and making seven.

“There was no damage to the car. There was no picture taken of the vehicle.” 

Inspector Martin Canny said the accused had been convicted in the past for assault and causing criminal damage. 

Mr O’Brien said in relation to the outline of previous convictions: “I don’t agree… they are wrong.” 

Judge O’Leary adjourned sentencing until June 15 for a victim impact statement. 

Hugh O’Brien said: “There is no victim impact statement because this guy Lynch is making all this up.”