A “thirst for land” between two brothers resulted in one kicking the other in the head with a steel toe-capped boot, Bandon District Court has heard.
Inspector Kay O’Donoghue told the court that on the evening of December 18, 2023, Patrick Maloney, aged 33, of Baile Ard, Fermoy, Co Cork, arrived at the home of his parents near Kinsale at about 8.30pm.
She said that he was engaged in a dispute with the injured party, his brother, “over field use”.
Insp O’Donoghue said that the injured party was at home with his parents and was in his socks when he met Mr Maloney.
It was alleged that Mr Maloney assaulted the injured party, who slipped during the assault and fell to the ground.
Mr Maloney allegedly repeatedly punched his brother and also kicked him in the face with steel toe-capped boots as he lay on the ground.
Insp O’Donoghue told the court that the injured party had sustained facial injuries consistent with being kicked with a steel toe-capped boot and medical reports and photographs were also handed to the court.
During the Garda interview, following his arrest, he denied kicking his brother in the head.
The injured party declined to make a victim impact statement.
Defence solicitor Charles O’Connor said that his client had no previous convictions and there had been no issues between the brothers since.
He said that the dispute arose over a text message about animals being left out on the road.
He said that Mr Maloney accepted he hit his brother in the side of the face but denied kicking him.
He said that his client apologised profusely and asked the judge to consider adjourning the matter with a view to Mr Maloney keeping a clean record.
Judge Marie Keane said: “This was nothing other than a vicious and premeditated attack by Mr Maloney on his brother.
“The medical report is indicative of a person being viciously assaulted.”
She said that regarding whether the injured party was kicked in the head, the medical report “speaks for itself”.
She added: “He drew a kick into the side of his brother’s head while he lay on the ground.
“To kick a person in the head with a steel toe-cap boot is reckless in the extreme.”
Judge Keane noted that there was background of “land and a thirst for land” to the case and questioned whether there was more to it than animals being loose on the road.
She said: “If he was so concerned about the livestock, why didn’t he go straight to the field?”
The case was adjourned until January 16 to allow for the preparation of a probation report.