Cork judge dismisses charges against two men who allegedly assaulted each other

Cork judge dismisses charges against two men who allegedly assaulted each other

A judge in Cork has bound two men to the peace after saying he did not see how he could convict either of them of assaulting the other.

Judge Olann Kelleher told Cork District Court that he did not have enough evidence to make a conviction after an incident in which one man was allegedly headbutted and the other was left with a broken jaw, the Irish Examiner reports.

Billy Kelly, 30, had pleaded not guilty to assault causing harm to Stephen Mulcahy. Mr Mulcahy, 40, had pleaded not guilty to assaulting Mr Kelly.

Mr Kelly told the court he was headbutted by Mr Mulcahy, who he then punched in self-defence.

However, Mr Mulcahy said he could only recall speaking to Mr Kelly and regaining consciousness 20 minutes later with a broken jaw.

Judge Kelleher dismissed both assault charges, adding: “They can take civil action if they wish.”

Both men were bound to the peace for 12 months.

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