A MAN has been cleared of assaulting another who was beaten up as he delivered flyers for a Chinese restaurant in a housing estate.
Robert Morrison (46) was found not guilty after Judge Patricia McNamara ruled there was no evidence to identify him as the attacker.
Mr Morrison, of Kilmartin Avenue, Tallaght, had pleaded not guilty to assaulting John Carey at Kilmartin Drive on February 7 last year.
Mr Carey told the court he was delivering menus as a form of exercise because he was in remission from cancer.
He left one in a porch and a man came out aggressively, saying he did not want the menu, was "sick of them" and "told me I could take it effing well back".
He said the man punched him on the lip, rolled up his sleeves and said: "Do you want your go?"
Mr Carey alleged that the man punched him again and another man grabbed him from behind.
He said his face was lacerated and his back bruised from being pushed against a pillar.
Gardai went to the house and spoke to Mr Morrison, who had nine brothers, and knew nothing of the incident.
The accused was never arrested and no identity parade was held.
Defence barrister Sorcha Whelan argued that Mr Morrison had not been identified.