One of the country's biggest property developers yesterday withdrew a complaint of assault against his brother, only for his brother to later take the witness box and accuse him of being a coward for not holding his ground in relation to the complaint.
Michael O'Flynn, managing director of O'Flynn Construction, had brought a complaint of assault against his brother, Larry O'Flynn, accusing him of soaking him and two of his staff with a hose as they were working on a fence adjoining Larry O'Flynn's home at Kilcrea, Ovens, Co Cork.
However, just before the case was due to proceed at Cork District Court, Michael O'Flynn indicated he was withdrawing the complaint as he was reluctant to give evidence, but he was instead called by the defence to testify in relation to the two other alleged assaults.
After two hours of evidence, Judge Leo Malone dismissed the charges against Larry O'Flynn of assaulting Michael O'Flynn's employees David Burns and John Foley at Kilcrea on September 29th, 2007, as he wasn't satisfied beyond reasonable doubt to convict.
"I'm aware that I am living adjacent to a brother who has not accepted the wishes of his parents and entire family. The entire family happen to be on my side. He is on his own among nine children and his parents, he has issues with his parents, not with me," Michael O'Flynn said.
Judge Malone also heard evidence from Sgt Paul Lynch and Garda Brian Hegarty, who were called by Michael O'Flynn, that he and his men were soaked when they arrived but he said he was not convinced beyond reasonable doubt and dismissed the charges against Larry O'Flynn.