Charges dropped against man on trial as victim says attacker was not present in court

Charges dropped against man on trial as victim says attacker was not present in court

A young man from Glanmire accused of assault causing harm to a neighbour on New Year’s Day and producing a machete and the leg of a table during the disputed incident was cleared of the charges when the main prosecution witness said the man who attacked him was not in court. Picture: iStock

A young man from Glanmire accused of assault causing harm to a neighbour on New Year’s Day and producing a machete and the leg of a table during the disputed incident was cleared of the charges when the main prosecution witness said the man who attacked him was not in court.

Dylan Murphy of 22, Brooklodge Grove, Glanmire, County Cork, appeared at Cork District Court for his trial where he pleaded not guilty to all charges.

Garda Brian O’Sullivan testified that he responded to a call to the complainant’s home at another part of Brooklodge Grove. Gardaí later responded to a second call from the same address and the owner showed gardaí a knife with a 12-inch blade that had allegedly been part of the first incident.

The complainant, Michael Grist, testified that he and others were on the green after midnight and in the early moments of New Year’s Day.

“I was approached by a lad I didn’t know. He came into my face. I told him to f*** off. After a few words were exchanged, he said, ‘shut up you fat c***. I am going to chop you up’.

“He proceeded to put his hand into his pocket. Before he got a chance to take anything out of his pocket I struck this individual and knocked him to the floor.

“A few seconds later I was punched by another individual. There was a couple of boxes, slaps and hits exchanged. We ended up rolling around on the ground. One of the neighbours separated us.

“After a couple of minutes they shouted they would be back,” he said.

However, his evidence – and in fact the case itself – came to an end when the witness said: “I don’t recognise anyone in court from that night.”

Defence solicitor, Joseph Cuddigan, said: “I have no questions for this witness.” Judge Marian O’Leary responded: “I am sure you don’t.”

Inspector Margaret Murrell said no further evidence was being called.

The charges against Mr Murphy were then dismissed.

Also dismissed was a single charge of possessing a knife faced by 19-year-old co-accused, Ross Hogan, also of Brooklodge, Glanmire, arising out of the same incident.

Mr Murphy pleaded guilty to charges in a separate case where Garda O’Sullivan caught him with cocaine for sale or supply.

He was first caught with 26 Xanax tablets in a street search.

Mr Murphy was then placed in an individual cell within a garda personnel carrier and he was taken to Gurranabraher garda station.

“On arrival at the station gardaí opened the secured cell. There was a bag of powder in the cell. He had his face submerged in the white powder,” Garda Sullivan said.

It has a street value of €2,360.

Inspector Murrell said the accused had two previous convictions for having drugs for sale or supply.

Mr Cuddigan said that by the defendant’s own admission to gardaí he had a cocaine addiction for two years.

Mr Cuddigan said that even though he was being asked about the cost of his addiction, the accused did not limit his answer to simple monetary terms when he said: “I have lost a lot of friends and done a lot of stupid things.”

The solicitor said the accused could have died from an overdose when he put his face into the bag of cocaine.

Judge O’Leary put sentencing back for five months, directed the accused do weekly urinalysis and that a garda progress report would be presented to the court in advance of sentencing.

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