Courts / Limerick / Report

Man appeals conviction over "unmerciful beating" of cyclist

Date
2018-04-19
Stage
Appeal
Primary locality
Limerick
County
Limerick

Summary

Larry McCarthy, 37, of Limerick, is appealing a conviction for assaulting cyclist David Foran, 33, on 25 November 2014. The Special Criminal Court found McCarthy guilty of assault and threatening unlawful violence, sentencing him to six years' imprisonment on 31 July 2017. The case centred on Foran's claim that McCarthy struck him with a baseball bat and stabbed his leg with a knife after a confrontation at Cornmarket Villas. McCarthy's appeal focuses on the admission of Foran's initial Garda statement, which identified McCarthy, under section 16 of the Criminal Justice Act 2006. McCarthy's counsel argues the statement was unreliable and that Foran later withdrew the complaint. The Court of Appeal has reserved judgment on the appeal. Larry McCarthy pleaded not guilty.

Who, what, where, when and why

What: Report matter: Man appeals conviction over "unmerciful beating" of cyclist. Charges or matters: assaulting David Foran (33) at Cornmarket Villas on November 25th, 2014 as well as threatening to use "unlawful violence" along with two others on the same occasion. Procedural stage: appeal

When:

Why: However, some time after his initial statement, Mr Foran stated that he wished to formally withdraw the complaint against Larry McCarthy because he only realised who Larry McCarthy was when they both found themselves in court on the same day in separate matters, Mr White said. CNI source report

Case subjects

Larry McCarthy

Convicted Person

Charges: assaulting David Foran (33) at Cornmarket Villas on November 25th, 2014 as well as threatening to use "unlawful violence" along with two others on the same occasion (Alleged Or Contested)

Plea: Not guilty

Places mentioned

Secondary Mention
Residence
Court Venue
  • Special Criminal Court
  • Court of Appeal

Topics

Stage Appeal Violent Crime

Related court reports

Read the original CNI report

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