Thursday 14 December 2017

Man attacked after offer of compensation for motorbike crash 'doesn't know who stabbed him'

The Special Criminal Court
The Special Criminal Court

Daniel Hickey

A man allegedly attacked after agreeing to accept 5000 Euro in compensation for a collision with a motorcyclist has told the Special Criminal Court that he does not know who stabbed him.

The prosecution allege that Larry McCarthy (37) was among a number of people who threatened to use "unlawful violence" and assaulted David Foran (33), who earlier that month had been knocked down and then offered compensation by a motorcyclist.

Mr McCarthy, with an address at Tower Lodge, Crossgalla, Old Cork Rd in County Limerick has pleaded not guilty to assaulting Mr Foran at Cornmarket Villas on November 25, 2014.

He has also denied that he and two other people threatened to use "unlawful violence" at the same place on the same date.

Mr Foran told prosecuting counsel John Byrne BL today/yesterday (Tues) that on November 14th 2014 he was cycling to his mother's house when he was knocked down by a motorcycle.

He said that two days later the motorcyclist called to his house and asked if they could settle out of court. 

The court heard that the motorcyclist told Mr Foran he did not want to go to the courts because he was off the road and not insured.

"He wanted to give me some money," Mr Foran said. "He was in the house a few times."

He added, "I told him if he wanted everything dropped, just pay ten grand."

The motorcyclist said he could give five grand, the court heard.

On the day of the alleged assault, Mr Foran said, he received a call from the motorcyclist, who told him to go meet a person who would have the money for him.

Mr Foran met the man and they went together to Cornmarket Villas, the court heard.

He said that when he went in the gate six or seven people surrounded him.

He got the chance to "barely talk" to one of the people, asking where the money was, he said.

He added that he did not know this person's name or see him before.

He also said that he could not describe the person's facial features or hair.

The court heard that Mr Foran got a slap to the back of his head with a baseball bat and fell to the ground, where could feel things hitting his back.

He said that he was stabbed in the leg.

Mr Byrne asked the witness, "Who did that?"

Mr Foran said, "I don't know".

The trial continues in front of Ms Justice Isobel Kennedy, presiding, sitting with Judge Gerard Griffin and Judge Gerard Haughton.

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