Neighbours incident ‘like something out of Braveheart’

A man who claimed a neighbour of his parents came into their garden and attacked him with a hurley, told a judge “it was like something out of Braveheart”.

Humphrey Porter Jnr, aged 36, of Springhill, Carrigtwohill, Co Cork, alleged Jason Waters, aged 36, of 3 An Fana, Cul Ard, Carrigtwohill, struck him across the head with a hurley.

“He had a hurley over his head. He was wielding it like an axe,” said Mr Porter.

Both men were among five defendants before Midleton District Court charged in relation to an incident that occurred at An Fana, on Sept 5 last year.

Mr Porter Jnr, his father Humphrey Porter Snr, aged 67, of 2 An Fana, and his brother Christian Porter, aged 29, of the same address, are each charged with two counts of section 2 assault. Mr Porter Jnr is also charged with breach of the peace.

Mr Waters and his wife Lisa Waters, aged 35, are charged with assault and breach of the peace on the same date. Mr Waters is also charged with trespassing.

The parties all deny the charges.

In evidence, Mrs Waters, who was 35 weeks’ pregnant at the time, said she was at home and noticed Mr Porter Jnr taking pictures of her husband’s van. She asked him was there a problem. He allegedly replied the “fucking” van shouldn’t be parked there and also called her a “tramp”, she said.

When her husband returned home, he picked up a child’s hurley and went into the Porters’ garden. She saw her husband on the ground, “with Christian and Humphrey Porter kicking and punching and dragging him”, she claimed.

She then picked up a hurley. She said Christian Porter let go of her husband when he saw her, and he grabbed her, and that Mr Porter Snr also grabbed her.

Mr Porter Jnr told the court he took a photo of the van and Mrs Waters shouted expletives at him and was “extremely abusive”.

Mr Porter Jnr said he did not assault Mr Waters and was restraining him. “I was in fear for my safety.”

He alleged Mrs Waters went to strike him with another hurley and that he moved his head and she struck her husband instead.

Mr Waters told the court he picked up a hurley and walked into the Porters’ garden. “I was grabbed by Humphrey Porter Jnr and Christian Porter. They kicked me, they pulled me.”

Garda Liam O’Leary said he attended the scene at 6.55pm and said it was “a volatile situation”. “I saw one man (Mr Waters) lying on the ground face down. There was a man astride him, half on him, that was Humphrey Porter Jnr.” He said Christian Porter was on the other side of him.

Garda O’Leary said he asked Mr Porter Jnr to release Mr Waters which he did immediately.

He said Mr Waters had a bruise and some blood on his face and Mr Porter Jnr had a lump on his head, claiming he had been hit on the head by Mr Waters.

The garda said Mrs Waters had told him she had struck Mr Porter Jnr with a hurley.

The garda said he advised both men to seek medical attention.

Mr Porter Snr told the court of a dispute that arose after the Waters built an extension a number of years ago which left water pouring into the back garden.

“From then on the Waters took a dislike to myself and my wife,” he said.

Mr Porter Snr said he was in fear of the Waters. He denied kicking or striking anyone.

Judge Brian Sheridan said it was clear there was a difficulty between the neighbours. He is to deliver his ruling tomorrow.