Courts / Limerick / Report

Man jailed for "unmerciful beating" of cyclist loses conviction appeal

Summary

Larry McCarthy, aged 37, was convicted by a non‑jury Special Criminal Court of assaulting cyclist David Foran, aged 33, on 25 November 2014 at Cornmarket Villas, Limerick. McCarthy pleaded not guilty but was found guilty of assault and threatening to use unlawful violence. He was sentenced to six years' imprisonment on 31 July 2017. McCarthy appealed in April 2018, challenging the admission of Foran's initial statement under section 16 of the Criminal Justice Act 2006. The appeal argued that Foran's identification of McCarthy was unreliable and that the statement should not have been admitted. The Court of Appeal, presided over by Justice Alan Mahon, rejected the appeal, affirming that the admission of the statement was correct and that McCarthy's conviction remained upheld. No further procedural developments were reported in the article.

Who, what, where, when and why

What: Report matter: Man jailed for "unmerciful beating" of cyclist loses conviction appeal. 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:

• November 25th, 2014 Hearing Or Sentence
• July 31, 2017 Hearing Or Sentence
• November 2014 Incident
• 2018-05-31 Publication

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

Places mentioned

Topics

Stage Appeal Violent Crime

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Read the original CNI report