Two men who allegedly fought in Cork toy shop days before Christmas opt to contest their cases

TWO MEN WHO allegedly traded punches and threw each other in to shelves at a Cork toy shop just days before Christmas in 2023 have opted to contest their cases.

Cork District Court previously heard that a fist fight allegedly occurred between Brian McDonagh (38) and Patrick McCarthy (23) at Smyths Toys Store at a retail park in Kinsale Road, Cork city at 4pm on 18 December 2023.

Sergeant Gearoid Davis said that CCTV footage from the shop showed two men walking with purpose towards each other from either end of an aisle.

“Brian McDonagh and Patrick McCarthy appear to speak very briefly before Brian McDonagh punches Patrick McCarthy, causing him to fall onto toys on the shelves.

“As they are doing this, there is a woman standing near them with a child in her arms. She appears to take fright when she becomes aware of what is happening beside her.

“She quickly leaves the aisle. Brian McDonagh and Patrick McCarthy continued fighting each other as the security guard attempts to separate them.

“They throw each other into the shelving at either side of the aisle. They adopt a boxing stance and trade punches.

“Patrick McCarthy grabs an item from a shelf and throws it at Brian McDonagh. They eventually separate.”

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McDonagh of Devlin Street, Fermoy, Co Cork and McCarthy of Spring Lane halting site, Ballyvolane, Cork were previously charged with engaging in an affray and causing criminal damage.

They were due back before the court today for Director of Public Prosecutions (DPP) directions. Judge David Waters previously declined to accept jurisdiction in the case.

McDonagh was not in the body of Cork District Court when his case was called today. 

Defence solicitor, Joe Cuddigan, said that family members of McDonagh and his wife had treated them to a surprise trip.

“I am seeking a short adjournment. They flew out on Sunday and are back on Wednesday. He (McDonagh) had no hand, act or part in (the booking) of it.”

The case was previously adjourned for DPP directions.

Sergeant Davis today said that the DPP had directed trial on indictment, with the option of a signed plea in relation to both accused men.

Books of evidence will be prepared in relation to McDonagh and McCarthy as they have opted to contest their respective cases.

McCarthy was present in court today. He was represented by solicitor Diane Hallahan.

Both men have been remanded on bail to appear before the court again on 14 December. It is understood books of evidence will be served on the men on that occasion.