Larry McCarthy - pictured here leaving Limerick District Court - has been found guilty of assault at the Special Criminal Court
A LIMERICK man has been found guilty this Monday at the non-jury Special Criminal Court of assaulting another man.
Larry McCarthy, 37, was among a number of people who threatened to use “unlawful violence” and assaulted David Foran, 33, who earlier that month had been knocked down and then offered compensation by a motorcyclist.
Mr McCarthy, with an address at Tower Lodge, Crossgalla, Old Cork Rd in County Limerick had pleaded not guilty to assaulting Mr Foran at Cornmarket Villas on November 25th, 2014.
He had also denied that he and two other people threatened to use “unlawful violence” at the same place on the same date. The court also found him guilty of this offence.
During the trial, the court heard that on November 14, 2014 Mr Foran was cycling to his mother's house when he was knocked down by a motorcyclist.
The motorcyclist later approached Mr Foran, asking him to not go to the guards and offering compensation.
He eventually offered Mr Foran €5,000 and on the day of the assault called him, telling Mr Foran to go into Limerick city to pick up the money from another man.
The court heard statements Mr Foran made to gardai. The prosecution had applied to the court to hear the statements after noting "inconsistencies" between the victim's evidence and his statements.
Delivering judgement this Monday, presiding judge Ms Justice Isobel Kennedy said that Mr Foran’s statements to gardai and evidence in court had been consistent until reaching a certain point, which was the identification of his attacker.
In a statement, Mr Foran told gardai that he went into Limerick city, met the man as instructed by the motorcyclist and they both walked to Cornmarket Villas, where there were a “few fellas with their faces covered with scarves”.
Mr Foran said that one of the men said he was Larry McCarthy and that his face was uncovered.
“He was stocky, with red hair, unshaven like me,” the victim said.
The court heard that Larry McCarthy said: “I know you're David Foran, what are you doing demanding money off my cousin?”
Mr Foran said that he asked what was he on about. He said he told him that the motorcyclist had knocked him down and wanted to settle out of court.
“I asked where was the money,” Mr Foran told gardai.
He said that Larry McCarthy told him he was “getting no money”.
Mr Foran said that he then got a “slap off a baseball bat into the back of the head”.
He said that he started to get an “unmerciful beating”.
Mr Foran told the gardai that Larry McCarthy stabbed him in the leg with a knife.
“They were all dragging out of me. Larry McCarthy said, ‘F*ck, we're after leaving DNA’. They were pulling at my vest, trying to get it off," he told the gardai.
Mr Foran said that he saw the knife, picked it up and waved it round, and the men then all backed off.
Mr Foran said: “I told Larry come out and fight me one-on-one. He said I've some mouth.”
Mr Foran then went home.
Ms Justice Kennedy, sitting with Judge Gerard Griffin and Judge Gerard Haughton, remanded McCarthy in custody until July 24, when he will be sentenced.