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 - Fri, May 4, 2007

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(Fermanagh Herald)

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Check below to read Court Stories

Total Stories: 50          Published: Wed, Mar 14, 2007



Dispute over land leads to assault

A Monea contractor, who assaulted another man in a dispute over land use of a shared farm, has appeared before a recent sitting of Fermanagh Magistrates Court charged with common assault.

Eamon Patrick Jones (42), with an address at Tullycreevy, Monea, pleaded guilty to the charge. He was fined £250.

The court heard that on 4th September last year, the injured party in the case reported that he was tending to livestock at about 2.30pm. He claimed that the defendant approached him and started shouting something about the injured party's livestock being on the defendant's land.

The witness stated that Jones forced him to the ground and punched him on the left-hand side of his face. The court heard that the dispute continued until the injured party's brother arrived and stopped the defendant.

It was submitted that the injured party sustained marks and bruising to his face.

When initially questioned about the offence, the defendant denied involvement and said that he hardly knew the injured party.

Defending, Bernard Corrigan handed in a number of character references on behalf of his client, whom he described as a married man with six children, and as a man with a 'significant work ethic who runs his own contracting business and also a farm.

Mr Corrigan explained that the two men involved in the case let two parts of the same farm and that there had been significant difficulties between the two during the course of the letting. His instructions were that, prior to this incident, the injured party's animals trespassed onto the defendant's land and the defendant accepted that he lost his temper at this.

He said his client accepted his guilt and he also accepted that this was not appropriate or acceptable behaviour.

"It is with some shame the defendant appears before the court," Mr Corrigan added. He said his client came from a highly respectable family and had nothing previous.

The Court was told that the defendant had now given up letting of the land involved and, so, a repetition of this incident is highly unlikely.

Sentencing, Resident Magistrate Liam McNally said this was a 'serious matter in that you assaulted another individual in relation to land letting'. However, he did accept the character references and he commented, 'This is obviously out of character for the defendant'.

As well as imposing a £250 fine, Mr McNally ordered the defendant to pay the injured party £200 in compensation.


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