Tenant threw stones and waved a machete at builder, court told

Judge rules case is suitable for the district court

The accused faces charge of assault causing harm to the driver of the digger. Picture: Larry Cummins

A tenant at a property in Ballinhassig allegedly threw stones at the driver of a digger doing work for the owner and then waved a machete in a threatening manner.

These were the allegations made by Sergeant Pat Lyons in the case against 48-year-old Kenneth Garnes, of Sunvilla, Halfway, Ballinhassig, Co Cork, when he appeared at Cork District Court on Thursday.

The 48-year-old is accused of assault causing harm to the driver of the digger and to production of a machete contrary to the Firearms and Offensive Weapons Act.

Sgt Lyons outlined the background to the case so that Judge Olann Kelleher could decide if he was accepting jurisdiction to deal with the case at district court level.

The judge did accept jurisdiction and the Director of Public Prosecutions already indicated it would be a suitable case for the district court.

Sgt Lyons said that at lunchtime on April 13 gardaí were alerted to the incident.

A man alleged that while he had been driving a digger doing work on the property owned by a woman who was present, the tenant in the property, Kenneth Garnes, emerged and shouted at him over a log being moved.

It was further alleged that the defendant began throwing stones at the driver in the cab of the machine.

“He then went back to the house and re-emerged in possession of a machete which he produced in a threatening manner,” the sergeant said.

It was stated that the complainant sustained a laceration to the arm from a stone being thrown, not from the machete.

The case was adjourned until October 18, at which point the defendant can indicate if he is pleading guilty or not guilty to the assault and machete charges.