A TEENAGER who wrapped a neck chain around his fist to maximise injury to another young man at a fast food outlet was ordered to do 220 hours of community service to avoid a jail term.
At Cork District Court today, Judge Olann Kelleher also fined Daniel Herlihy €500 on the charge of assault causing harm.
The victim felt that he had been punched by a man bearing a knuckleduster but the defendant – who admitted the charge of assault causing harm – said he had wrapped a neck chain around his fist before the attack.
Frank Buttimer, solicitor, said the accused had brought €1,000 cash to court as a gesture of compensation to the injured party.
Mr Buttimer said there had been some kind of altercation between two groups attending a gig at the Marquee that night and they later crossed paths by coincidence later that night.
Mr Buttimer said the defendant was not involved in the first incident.
In another coincidence the assault carried out by Herlihy was broken up on the night by two off-duty security men from the Marquee who happened to be in the premises at the time.
Questioned about whether he had assaulted the young man because he was chatting to the accused’s ex-girlfriend he denied this and said the assault was a case of mistaken identity.
Daniel Herlihy, aged 19, of 62 Ardcullen, Hollyhill, Cork, pleaded guilty to a charge of assault causing harm at Cork District Court.
Sergeant John Kelleher outlined what happened in the case.
“After midnight on June 21, 2018, the injured party was sitting in Burgerking on Patrick Street with a young woman when he heard the sound of metal banging on the window. He saw Daniel Herlihy banging on the window.
“Shortly after this a different man approached him and grabbed him around the throat telling him he wanted him to go outside and the injured party refused.
“Daniel Herlihy then approached the injured party with something in his hand. He started punching him in the head with the item in his hand. The injured party put his hands up to protect himself but Herlihy continued to punch him.
“At this point, a friend of the injured party returned to the table and Herlihy then made a go for him. At this stage, two security personnel from Marquee who were present in the premises intervened and the defendant and his friend left the premises.
"The injured party sustained a gash over the right eye and another cut over his right ear and had some swelling that back of his head and bruising to his throat afterwards," Sgt. Kelleher said.