Corkman denies assaulting neighbour he allegedly accused of stealing his mother's post

Woman claims accused punched her in the face and kicked her while she was on the ground

Accused told court: 'I assaulted nobody… I said nothing that was said in court. I said nothing to anyone.' Picture: David Creedon / Anzenberger

A retired solicitor mixing Christmas puddings at her home on an afternoon in December told a judge and jury a neighbour arrived to accuse her of stealing his mother’s post and then punched her in the face and kicked her while she was on the ground.

“I really thought he was going to kill me,” Mary O’Brien Daly testified at Cork Circuit Criminal Court where the accused man, Hugh O’Brien of Ballyanly, Inniscarra, Co Cork, denied the charge of assault causing harm. His barrister, Brian Leahy, described it as a case of mistaken identity.

The complainant said the man who called to her home at around 3.30pm on December 8, 3021, and assaulted her was Hugh O’Brien. 

“This man has been living beside me for 34 years… He is a very distinctive looking individual.” 

Mrs O’Brien Daly said the defendant’s mother’s name was Mary O’Brien and a few times over the years her post had gone to the O’Brien Daly house. When it occurred, the witness said she redirected it and put it back in the post.

Mrs O’Brien Daly told the court that on December 8, 2021, Hugh O’Brien called to her home with an envelope in his hand and accused her of stealing his mother’s post for the last 25 years. 

She said he referred to another neighbour and said: “You are in cahoots with that bollocks next door.” 

The witness said: “He made a drive towards me, he closed his fist, he caught me under the eye and knocked out a contact lens. He was saying — it was almost like a mantra — ‘You are making my life hell’. 

"He struck me on the shoulder and knocked me to the ground. I began pleading: ‘Please don’t kick me in the hip’. I have a bad hip.

“He bent down over me and caught me by the shoulders and yanked me to my feet. He had his face in on top of my face. I could feel his breath on my face. He was repeating: 'You are in cahoots with that bollocks next door. And me, a 50-year-old virgin.’"

"He kind of pushed me backwards. I got my hand on the gate and I just ran.” 

She phoned her husband, her neighbours and the gardaí and attended her doctor for facial and other injuries and photographs of these were shown to the jury of eight men and four women.

Brian Leahy, barrister for the defence, said the accused did not have two dogs at the time. Ms O’Brien Daly said he had two dogs with him that day.

Hugh O’Brien, who is now 52, gave evidence, examined by Mr Leahy and cross-examined by prosecution barrister Katherine McGillycuddy. 

Mr O’Brien said: “I assaulted nobody… I said nothing that was said in court. I said nothing to anyone.” 

Asked about taking notes in the witness box while being questioned, he said: “If you are accused of something in the wrong I think it would be stupid of anyone to come into a David and Goliath situation of the DPP and the guards — who are very selective about who they prosecute and who they don’t — I think I would be stupid to take down nothing in this David v Goliath situation.” 

Shown photographs of the injured party by Detective Garda Mick Dolan, who investigated the case, Mr O’Brien was asked if he accepted they showed she was injured, he said: “These photos were put in my face in February 2024 and I am accepting nothing about someone I don’t even know. I am accepting nothing. It has nothing to do with me. End of story.” 

Later he said: “I didn’t assault no one and cause injuries to no one… I never met this person who you say knows me, until this person came to court and made accusations against me. Never met the person. Never in my life. Don’t know her. End of story.” 

The trial continues.