The jury is considering its verdict in the trial of a man accused of attempted robbery at a Tralee takeaway restaurant.
46-year-old Michael McInerney of St Vincent’s Hostel, Anglesea Terrace, Cork City, and originally from Kilkishen, Co. Clare, is facing two charges at Tralee Circuit Court.
He's accused of attempted robbery and production of a knife at Lighthouse Pizza takeaway restaurant on Castle Street, Tralee, in the early hours of June 30th earlier this year.
The court heard evidence from the owner of the takeaway restaurant, Iftikhar Ahmed, who alleges that two men, including the accused, entered his premises at 4am as he closed up on his own.
This followed an earlier event in the night, when a man, who is not the subject of this case, attempted to produce a suspected fake €50 note.
Mr Ahmed alleges that this man, and the accused, arrived at 4am, demanded food, and when he said he was closed, the accused Mr McInerney came behind the counter.
It's alleged that Mr McInerney picked up a knife and a pizza trowel, and came at Mr Ahmed, telling him if he wasn't going to give the men food, he would give them money.
Mr Ahmed said he then ran out of the premises, and called the gardaí, who arrested Mr McInerney shortly afterwards.
Mr McInerney, who the court heard was a severe alcoholic, told gardaí in his interviews he did not remember the incident as he had been drinking since 6am the previous morning.
No forensic evidence was found from the scene, and the CCTV cameras inside the restaurant were not in operation at the time.
Mr McInerney was identified on CCTV from adjoining premises, and the identity of the parties involved is not disputed.
Mr McInerney gave evidence that he now remembers he handed Mr Ahmed a €50 note to buy two bottles of orange, which Mr Ahmed again suspected to be a fake, and refused to hand back.
Mr McInerney told the court he did go behind the counter and did pick up a pizza trowel, but only asked for his drinks and change, or his money back.
Mr McInerney maintains that he never had possession of, or produced, a knife.
The prosecution argues that the return of Mr McInerney's memory is self serving, and his account of events is inconsistent.
The defence told the court that Mr Ahmed's story also had inconsistencies, and Mr McInerney's alcoholism explained his original inconsistency.
Closing for the prosecution, barrister Tom Rice said if the jury believes Mr Ahmed, then they must return a guilty verdict.
For the defence, barrister Richard Wixted told the jury it's a matter where one party says one thing, and one party says another.
The jury of nine men and three women retired to consider their verdict shortly before 12 noon.
