E-biker rammed vehicle into walker, who claimed he made his life 'a living nightmare'
A businessman out for a walk was struck with an e-bike by a man who has “made his life a living nightmare”, a court has heard.
Robert Fogarty (59) drove directly at the victim with his e-bike and landed on top of him, before getting up and walking away.
Fogarty denied the incident took place, claiming the victim, Cian O Murchu, had been in the pub drinking and had a vendetta against him.
Judge Peter White convicted Fogarty and imposed a three-month jail sentence.
The defendant, of Cardy Rock Court in Balbriggan, was found guilty of assaulting Mr O Murchu at Seapoint Lane in Balbriggan on March 18, 2024.
In his evidence, Mr O Murchu he went for a walk on the beach with his business partner Orla Brady and was walking home when Fogarty drove past them on an e-bike.
Fogarty recognised them, turned back and “fired” the bike at him. He fell over, cracked his head off the ground, and the defendant came over the handlebars and landed on top of him. Fogarty then got up and walked away.
Mr O Murchu said he stayed on the ground for a while, and he suffered a lump to the back of his head and bruising to his arm. Cross-examined by defence solicitor Fiona D’Arcy, Mr O Murchu denied he was extremely intoxicated. He had zero alcohol, he said.
Mr O Murchu denied he had a long-standing vendetta against Fogarty, saying the defendant had inserted himself into his and his business partner’s lives in September 2022, and had “made their lives a living nightmare”.
Ms Brady, said Fogarty rammed the e-bike into the victim.
The defendant said the assault did not take place, and he was physically incapable of assaulting anyone, following a stroke some years ago.
Fogarty alleged Mr O Murchu was “twisted drunk”. He said he saw him, but did not interact with him that day.
Judge White found Fogarty guilty of assault.
In a victim-impact statement, Mr O Murchu said he was left medicated, afraid to leave his house and a nervous wreck by the assault.
Ms D’Arcy said her client suffered health difficulties after the stroke.
Fogarty spent most of his time on his boat, Ms D’Arcy added, asking the judge to be lenient.
The defendant immediately appealed the matter.