Judge refuses to strike out assault charges against Kerry landlords during Cork eviction

Father and son charged with trespass, assault and attempted theft of a phone when they allegedly ejected tenants from a house

Daniel Lynch and his son Donal at Cork District Court for a previous hearing last May. Picture: Larry Cummins

A criminal case arising out a landlord/tenant issue was put back until November 7 as the judge agreed to a defence application for an adjournment because they were “wrongfooted” by a prosecution omission in relation to a procedural matter.

A Kerry man and his adult son who own a house believed there would be a successful application to strike out assault charges and that they would only have to face trespass charges, their solicitor Joseph Cuddigan said on Tuesday.

However, Judge Joanne Carroll refused to strike out the assault charges and instead adjourned the case, with all of the original charges remaining.

“I accept the defence was wrongfooted by virtue of the omission, and no more than that. There is no substantial prejudice here. You have been wrongfooted from a procedural point of view… It would not be fair to force the defence on. I regret the inconvenience to witnesses,” Judge Carroll said.

All of the prosecution and defence witnesses had come to court on Tuesday for a hearing of the case, which would have gone on for a number of hours.

Allegations rejected

The defendants reject allegations made against them and charges of trespass, assault and attempted theft of a phone, when they allegedly ejected tenants from a house.

The charges relate to 8am on August 11, 2022, when it is alleged Daniel Lynch — accompanied by his son Donal — went to the property they owned at Nursery View, Glasheen Road, Cork, and changed the locks on the premises. 

“They allegedly ejected the tenants by force and in the process allegedly assaulted a male and a female and attempted to steal a mobile phone from the male tenant,” Sgt John Kelleher said previously.

Daniel Lynch, 62, from Moanmore, Castleisland, Co Kerry, and his son, 32-year-old Donal Lynch of the same address, face the same four charges. 

They are charged with assaulting a man and a woman, attempting to commit theft — namely the man’s phone — and trespassing with intent to commit theft at the property.