Two men threw each other into shelves of toys during fight in Cork toy shop, court told

The judge refused jurisdiction in the district court saying if the men were convicted then a sentence measured in years would be merited rather than a sentence of months

The incident is said to have happened at Smyths Toystore at Kinsale Road Commercial Park in Cork. File picture: Pat Good

A fist fight in a toy store on the week before Christmas saw two men throwing each other against shelves of toys, spattering blood in the area, and causing families out shopping to take fright.

This was the evidence that prompted Judge David Waters to refuse jurisdiction in the case against the two men charged with engaging in an affray and causing criminal damage.

Judge Waters said at Cork District Court that while it was only alleged at the moment, if the men were convicted then a sentence measured in years would be merited rather than a sentence available to the district court which would only run to months. 

Commenting on the allegations, the judge said, “This is an appalling display, there was total disregard for families at that time of year.” The cases were then adjourned until October 5 at Cork District Court to allow time for the preparation of a books of evidence.

38-year-old Brian McDonagh of 6 Devlin Street, Fermoy, County Cork, and 23-year-old Patrick McCarthy of 6 Spring Lane halting site, Ballyvolane Road, are both charged with engaging in an affray and causing criminal damage.

Garda evidence

Sergeant Gearóid Davis outlined the background to what allegedly occurred at around 4pm on December 18, 2023. 

He said that CCTV from Smyths Toystore at Kinsale Road Commercial Park showed two males walking with purpose towards each other from either end of an aisle.

“Brian McDonagh and Patrick McCarthy appear to speak very briefly before Brian McDonagh punches Patrick McCarthy causing him to fall onto toys on the shelves. 

"As they are doing this there is a woman standing near them with a child in her arms. She appears to take fright when she becomes aware of what is happening beside her. She quickly leaves the aisle. 

"A woman dressed in black walks into the aisle. It is believed this is Sophie McCarthy. She leaves briefly and returns with a security man. Brian McDonagh and Patrick McCarthy continued fighting each other as the security guard attempts to separate them.

“They throw each other into the shelving at either side of the aisle. They adopt a boxing stance and trade punches. Patrick McCarthy grabs an item from a shelf and throws it at Brian McDonagh. They eventually separate,” Sgt Davis said.