Cork pizza restaurant owner assaulted man trying to deliver letters

A Cork pizza restaurant owner assaulted a man who was trying to deliver letters to his premises, the district court has found.

Inspector Roisín O’Dea told Bantry District Court that 57-year-old Noel Murphy of Foildarrig, Castletownbere, Co Cork, was charged with one count of assault contrary to section 2 of the Non-Fatal Offences Against the Person Act, 1997.

The court heard from the injured party who said he was instructed by his employer to deliver letters by hand to the proprietor of the Pizza Dog restaurant in Castletownbere. The injured party told the court that he had been to the restaurant on one previous occasion for the same purpose where he spoke to a man identified as “Noel” who he believed was the owner.

On the evening of July 10, 2024, the injured party arrived at the restaurant and was told the owner was not there. He told the court that he called the owner by phone who told him to leave the premises as he was not welcome.

The court heard that restaurant staff opened a side gate to allow the injured party to put the letters in a post box.

The injured party said that as he was doing so somebody came up behind him “very fast” and assaulted him. The injured party said he recognised the voice of the person as being Noel Murphy.

The court heard that the injured party immediately left in his car and reported the assault at Bantry Garda Station.

Defence solicitor Gerard Corcoran said his client denied ever having met the injured party. The court heard the injured party was asked to leave and that when he did not do so he was effectively trespassing.

Mr Corcoran said the injured party was unable to identify his client in court and that there had to be a doubt if that was the case.

Murphy told the court that on the night in question he was at home. He said he did remember a phone call but did not meet the injured party. He said the first time he had ever seen him was in court. He said he was shocked by the incident and had since installed CCTV at the restaurant for security.

Judge Joanne Carroll said she was satisfied that the injured party was assaulted by Murphy and that they had met on a previous occasion.

She said she had listened very carefully to the evidence and given the circumstances and the fact that Murphy had no previous convictions she would apply the Probation Act.

• Funded by the Courts Reporting Scheme