Man struck in horse manure row

A Co Clare pensioner has been convicted of assault in a row with his neighbour over the pensioner piling horse manure on a wall that divides the two men’s properties.

At Ennis District Court, Brett Payton, 46, told the court how he was assaulted by 68-year-old neighbour, Joe Williams of Ballytarsna, Kilshanny when the pensioner struck him on the head with a piece of scrap.

Mr Payton said that he was struck on the head by Mr Williams after he tried to cut down plastic sheeting on the wall that contained the horse manure and the other rubbish that was spilling into his rented property.

In court, Inspector Tom Kennedy put it to Mr Williams that “you deliberately piled on the horse manure on the wall in an effort to intimidate, antagonise and annoy Mr Payton” and it was claimed Mr Williams resented Mr Payton living in the property beside him.

In reply, Mr Williams said: “Not at all. I never intimidated anyone.”

Insp Kennedy said that it was “very unusual behaviour” to be piling horse manure on a wall looking onto his neighbours’ home and the excuse advanced by Mr Williams that he was putting the horse manure there as a deterrent to crows not to eat his horses’ feed “is not credible”.

Mr Payton has rented his home with his partner, Clare Gallagher and two children for the past three years.

Recalling the assault that occurred on the afternoon of April 4 last year at his home at Ballytarsna near the north Clare village of Kilshanny, Mr Payton said that for several days prior, Mr Williams had been piling on the rubbish, including horse manure, on black wrapping on top of the wall that borders the two properties.

He said: “It was getting worse all the time and amounts of rubbish and manure were getting higher all the time.”

Mr Payton said that horse manure was dropping into his garden and he went to cut the plastic wrapping down on his side with a scissors.

“I gathered the black wrapping in my hand and then ‘smack!’ — Joe Williams had hit me with a piece of scrap across the head from across the wall.

“I didn’t even know he was in the yard, the first time I realised was when he whacked me across the head”.

Mr Payton said he received a “cut on my head and drag marks and scratches all over my left arm”. He also said this was not the first row with Mr Williams.

In his evidence, Mr Williams denied he struck Mr Payton saying “I had nothing in my hands. I never hit a man in my life and I have no intention of.”

In his judgement, Judge John King said he was “satisfied that Mr Williams did strike Mr Payton and is guilty as charged”. The judge have Mr Williams conditional discharge under the Probation Act and placed him on a bond that he keep the peace and be of good behaviour for 12 months.