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Saturday 10 December 2016

Businessman let off after paying €6,000 over attack on cyclist

David Corcoran (50) arriving at his house at Collinswood following his earlier court case involving a cyclist Picture: Steve Humphreys
David Corcoran (50) arriving at his house at Collinswood following his earlier court case involving a cyclist Picture: Steve Humphreys

A company executive has avoided a criminal record after he shouldered a cyclist off his bike and choked him with his helmet straps because the victim was riding along the footpath.

David Corcoran (51) walked from court with no conviction or sentence for the attack after he paid out €3,930 in compensation for the cyclist's dental injuries and another €2,500 charity donation.

Judge Michael Walsh struck the case out at Dublin District Court. He had remarked that the assault was an over-reaction to what was a "minor nuisance".

Corcoran, of Collinswood, Whitehall, pleaded guilty to assault causing harm to Philip Fitzgerald.

Previously, the court heard the incident happened at Clanwilliam Terrace in south Dublin, where Corcoran was out walking on July 1, 2015.

Mr Fitzgerald was cycling toward Corcoran at 10.30am when the accused shouldered him off his bicycle, causing him to fall to the ground.

Garda Brian Cleary said Corcoran punched the victim in the head and face before getting him in a headlock, causing him to be choked by the straps on his bicycle helmet. Corcoran then kneed Mr Fitzgerald while he was in the headlock.

Members of the public intervened and broke it up.

The victim told the judge he was happy with the contents of the medical report and had made a full recovery. He did not wish to give evidence.

Corcoran was working as a senior executive with a company and had no previous convictions of any kind.

He had been walking near where he worked and there was a van parked on the footpath, his solicitor Eugene Dunne said.

Confrontation

Instead of getting out of the way, Corcoran leaned in toward the cyclist, who came off his bike. A confrontation took place, Mr Dunne said.

He caught the cyclist, struggled with him and held onto his helmet, Mr Dunne said.

"He went further than that, he used the straps to try to strangle him," Judge Walsh said.

Mr Dunne said the straps had been under Mr Fitzgerald's chin during the incident.

Judge Walsh said the accused's response was disproportionate to what had been "a very temporary, minor nuisance".

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