‘Wrong-footed’ defence fail to strike out charges at Cork court

A CRIMINAL case arising out of a landlord/tenant issue was put back until November 7 as the judge agreed to a defence application for an adjournment because they were “wrong-footed” by a prosecution omission in relation to a procedural matter.

A Kerry man and his adult son who own a house believed that there would be a successful application to strike out assault charges and that they would only have to face trespass charges, their solicitor Joseph Cuddigan said yesterday. 

However, Judge Joanne Carroll refused to strike out the assault charges and instead adjourned the case with all of the original charges remaining.

“I accept the defence was wrong-footed by virtue of the omission, and no more than that,” said Judge Carroll. 

“There is no substantial prejudice here. You have been wrong-footed from a procedural point of view… It would not be fair to force the defence on. I regret the inconvenience to witnesses.”

All of the prosecution and defence witnesses had come to court yesterday for a hearing of the case, which would have gone on for a number of hours.

The defendants reject allegations made against them and charges of trespass, assault, and attempted theft of a phone, where they allegedly ejected tenants from a house.

The charges relate to 8am on August 11, 2022, when it is alleged that Daniel Lynch — accompanied by his son Donal — went to the property that they owned at Nursery View, Glasheen Rd, Cork, and changed the locks on the premises.

“They allegedly ejected the tenants by force and in the process allegedly assaulted a male and a female and attempted to steal a mobile phone from the male tenant,” Sgt John Kelleher said previously.

Daniel Lynch, aged 62, from Moanmore, Castleisland, Co Kerry, and his son, 32-year-old Donal Lynch, of the same address, face the same four charges.

They are charged with assaulting a man and a woman, attempting to commit theft — namely the man’s phone — and trespassing with intent to commit theft at the property.