A MAN charged with assaulting a pensioner in a road rage incident had his case dismissed at Clonakilty District Court.

The charge against  Warren Cross, of Oak Farm, Ballymore, Cobh, arose from an alleged altercation with pensioner Kieran Casey, just before 1pm on July 3rd 2024. 

When called to the witness box, Mr Casey described that he had seen the defendant sit in a car parked on double yellow lines outside of Clonakilty Medical Centre on Jailhouse Road.

Mr Casey said a truck could not get past the parked car and traffic was backing up along the road. 

‘I knocked on the window because I didn’t think the driver was aware there was somebody behind him,’ said Mr Casey.

‘He got out of the car and started pushing me and shouting at me, telling me I was not a traffic warden or a guard. 

‘I was in absolute shock. There was a bit of pushing. I walked away and took the registration of the car. I felt it was an over-reaction and reported it to the guards.’ 

Defence solicitor Conrad Murphy said when reporting the alleged assault, Mr Casey had made a statement saying, ‘I hit him with my bag, twice in the face and once in the stomach’.

‘Mr Cross got out and he will say that you were attacking him and shouting at him, then he put out his hand,’ Mr Murphy said. 

Mr Casey said he recalled them pushing against each other and that he fell back against a wall. 

‘It was an argy-bargy,’ Mr Casey added. ‘He’s quite an imposing man and I was scared at that point.’

Mr Casey said that as he was being pushed around the laptop bag over his shoulder might have swung, but that he did not use it as a weapon against Mr Cross. 

Solr Murphy asked if he recalled Mr Cross telling him to step back, to which Mr Casey replied: ‘He might have’. 

‘He said he did and then held out his hand to stop you from coming any nearer,’ Mr Murphy said.  

A driver who was in one of the cars in the line of backed up traffic said he had seen the altercation. The witness, Mr Hodnett, said: ‘I could see the driver of the car was signalling with his hand to the man with the walking stick as a warning. It was very short for three or four seconds.’ 

Mr Hodnett said he did not see who started the pushing but saw Mr Cross push Mr Casey on the chest. 

Further witness evidence came from Elaine Cagney who was said she was with Mr Cross on the way to West Cork Model Railway Village and had parked on the double yellow lines before going into Clonakilty Medical Centre to deliver a message to reception. 

‘I came out and I could hear shouting, and as I came out Warren put out his hand to me to signal ‘stay there’,’ she said. ‘The man was hitting him with his bag.’

Gda Marie Collins, who was on duty at the station on July 3rd 2024, said Mr Cross had wanted to report a verbal altercation that had occurred at about 12.40am that day. 

‘At this time he did not imply that he was physically assaulted,’ Gda Collins said. 

Mr Cross told the court he was recovering from major abdominal surgery at the time, also suffered from autoimmune diseases and wanted the other man to stay out of his personal space to avoid a potential infection. 

‘To me he was a bully, he became more aggressive towards me. As he was shouting he came closer and closer and there was spit getting into my face,’ said Mr Cross giving evidence in court. 

Judge Joanne Carroll said that she could not be certain beyond reasonable doubt of the alleged offence, dismissing the charge. 

Funded by the Courts Reporting Scheme.