A businessman in Castletownbere was convicted of assaulting a man charged with delivering letters from a financial institution.

Noel Murphy (58) of Foildarrig, Castletownbere pleaded not guilty at Bantry District Court to a charge of assaulting Szabolcs Kosztko in a laneway adjacent to his Pizza Dog business at West End, Castletownbere, on July 10th 2024.

The injured party gave evidence that he spoke to Noel Murphy on the phone from inside the pizzeria at about 8pm and was told to leave the letters there.

But ten minutes later, after speaking on the phone to the people who had engaged him to deliver the letters, the injured party sought and was granted access, using a code, to a gate and a laneway that led to two apartments at the rear of the premises.

It was here that Szabolcs Kosztko said he was attacked from behind by a man whom he had met once before, on a previous occasion, and whom he knew to be ‘Noel’.

As well as trying to hit him, the injured party said the accused tried to grab his collar. It was also alleged that the accused told him, ‘I said not to come back again’.

When asked in cross-examination by solicitor, Ger Corcoran, who was acting for the accused, why didn't he just leave the letters with the people working that day, the witness replied: 'I had specific instructions to hand-deliver the letters.'

Mr Corcoran put it to the witness that he was 'a trespasser on the premises from the moment he was asked to leave.' But Szabolcs Kosztko pointed out that the staff entered the gate code that allowed him access to the apartments at the rear of the premises.

In evidence, Noel Murphy said he wasn't even on the premises that night until 10pm. He said he didn't have access to a vehicle until his wife, a chef, returned home with the car, which allowed him to drive in and close the pizzeria for the night.

The accused told the court that he had never seen, or met, the witness before the district court hearing, but he did admit speaking to him on the phone.

Noel Murphy told the court: 'I didn't assault anybody, and I have got security cameras installed so I will have the benefit of having things on camera.'

Judge Joanne Carroll said the witness had recognised the accused from a previous encounter so he was able to identify him.

The judge convicted Noel Murphy of assault and applied the Probation Act. Mr Corcoran asked for recognisances to be fixed in the event of an appeal.

Funded by the Courts Reporting Scheme.