A TEENAGER admitted wrapping a neck chain around his fist to cause more injury to another young man he was assaulting at a fast-food restaurant in Cork city.
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 today 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 incident was fully captured on CCTV and the quality of the footage was described as excellent,” Sgt Kelleher said.
Herlihy later attended Bridewell garda station where he was interviewed and made full admissions.
When the metal item was seen on the security footage he was asked if he was using a knuckleduster when he punched the injured party.
He denied it was a knuckleduster and said it was a chain he had been wearing around his neck, which he said he had wrapped around his knuckles for the purpose of causing more damage to the injured party.
“He claims to have assaulted the injured party in a case of mistaken identity and denied that he had assaulted him because he had seen him talking to his ex-girlfriend, who was one of the young women seen on the CCTV talking to the injured party,” Sergeant Kelleher said.
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.
Frank Buttimer, solicitor, said the defendant had pleaded guilty to the assault and cooperated with the investigation.
“He has put some few hundred euros aside towards compensating the injured party."
Judge Olann Kelleher adjourned sentencing until January 27 at Cork District Court but warned, “He will have to do more than a few hundred quid because he is facing jail.”