A man accused of attempted robbery of a Tralee takeaway has been found not guilty.
The trial of 46-year-old Michael McInerney of St Vincent’s Hostel, Anglesea Terrace, Cork City, and originally from Kilkishen, Co. Clare, has been taking place in Tralee Circuit Court.
He was 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.
Tralee Circuit Court has been hearing evidence in this trial since it began on Tuesday.
The owner of Lighthouse Pizza, Iftikhar Ahmed, gave evidence that a short man entered his premises at midnight, and produced what he believed to be a fake €50 note, and he refused to take the note from the man, who was known to him.
Mr Ahmed gave evidence that this man and the accused then entered his premises at 4am, and the two men demanded food from him as he closed up on his own.
Mr Ahmed told the court that when he said he was closed, the accused came behind the counter, picked up a knife and a pizza trowel, and came at him with them in each hand.
Mr Ahmed alleged that Mr McInerney said if he didn’t give them food, he would give them money.
Mr Ahmed said Mr McInerney also went to open the till, which the defending barrister, Richard Wixted, pointed out that he had not told gardaí in his original statements.
Mr McInerney originally told gardaí he didn’t remember the incident, as he had been drinking since 6am the previous day, but in court he gave evidence that he never had possession of, or produced, a knife.
Mr McInerney told the court he entered the premises with another man, handed Mr Ahmed a €50 note to buy two bottles of orange, which Mr Ahmed suspected to be another fake and did not hand back.
Mr McInerney admitted he went behind the counter and picking up a pizza trowel, but only to get his drinks and his change, or else to get his money back.
Gardaí did not find any forensic evidence from the scene, and although CCTV from adjoining premises was used, the CCTV from the takeaway was not in use at the time.
Prosecuting barrister Tom Rice told the jury if they believed Mr Ahmed, they must find Mr McInerney guilty on both charges.
Defending, Richard Wixted said if the jury had any reasonable doubt about the entirety of the evidence given by Mr Ahmed, they must acquit.
The jury of nine men and three women retired to consider their verdict shortly before 12 noon yesterday, and deliberated until 4:30pm, not including an hour lunch break.
Judge Elva Duffy indicated to the jury at 3:30pm they no longer needed to reach a unanimous verdict, but a majority of at least ten.
The jury found Mr McInerney not guilty on both the charge of attempted robbery, and the charge of producing a knife.
Mr McInerney is still in custody on an unrelated public order incident offence, but will be released on November 26th.
