Cork pensioner smashed neighbour’s windscreen in row over flowers planted in ditch

Altercation started when defendant found injured party doing landscaping work on a strip of land he claimed belonged to him, court heard

After injured party began removing stones and flowers from the site, the defendant confronted him, leading to a heated argument that escalated into a physical confrontation. File picture

A Cork pensioner who pleaded guilty to smashing the rear windscreen of another man’s car in a dispute over flowers planted in a ditch cannot afford to pay the amount of compensation the court instructed him to, according to his solicitor.

Paddy Deasy, aged 76, of Ard na Greine, Courtmacsherry, had previously pleaded guilty to criminal damage at a sitting of Bandon District Court. 

Deasy had admitted using a spade to smash the rear windscreen of a car belonging to 77-year-old Corneilus Whelton, of Station View, Courtmacsherry.

The altercation began when Mr Whelton returned home and found wall and landscaping work carried out on a strip of land near Wood Rd he claimed belonged to him. 

Deasy said he had permission from the landowner to tidy the area as part of a community effort.

After Mr Whelton began removing stones and flowers from the site, Deasy confronted him, leading to a heated argument that escalated into a physical confrontation. 

Mr Whelton claimed Deasy struck him with a shovel and damaged his car, while Deasy said Mr Whelton attacked him first after he challenged him over the work being carried out on the disputed site.

Deasy admitted smashing the car window in anger but denied the assault and affray charges. 

Judge Joanne Carroll dismissed the assault and affray charges against both men, saying there were no witnesses or forensic evidence to prove either version of events. 

However, Deasy was convicted of criminal damage and ordered to compensate Mr Whelton for the estimated €1,800 damage caused to the car.

At a hearing in Bandon District Court to finalise the matter,  Plunkett Taaffe, for Deasy, said the actual cost of the windscreen was €227 and his client could compensate Mr Whelton with €400. 

Mr Taaffe said “there was a pair of them in it” and Mr Whelton’s car had been subsequently scrapped anyway. The court was told Deasy “doesn’t have the wherewithal” to come up with another €600 in compensation.

The court heard Deasy had seven previous convictions, all for road traffic matters. 

Judge Carroll said Deasy “became enraged” when Mr Whelton removed the flowers which he claimed were planted in a public place. She said alcohol had been consumed and Deasy bashed in the windscreen.

The court agreed to accept the €400 as the final amount of compensation, and Deasy was also sentenced to three months in prison, suspended for 18 months.

This article is funded by the Courts Reporting Scheme