‘I see two very angry and annoyed men’ says judge

A man with a Navan address claimed at a court hearing that his neighbour had punched him with his closed fist through the window of his car. The man, Gerard Barker, said that Brian Smith, Coolfore Road, Ardbraccan, Navan had assaulted him at Ardbraccan on 9th January last year. Garda Sean O Ceallaigh told Trim District Court told the court how he had taken a statement of complaint from Mr Barker alleging that he was driving on the road, when he met Brian Smith, who assaulted him. The Garda said that Mr Barker had a cut lip. He added that when he put the allegation to Brian Smith,  he denied it.

The defendant said in evidence that he worked for Meath County Council and was going home for his lunch when Gérard Barker pulled straight in front of him. He said he had pulled over and the defendant was “shouting and roaring” at him. The defendant was “standing with his fists up”. He said that Brian Smith was a neighbour and “someone I would wave to”. The defendant had struck him. The defendant had reported him to the council over a certain matter.

Replying to defending barrister James O’Brien witness said that defendant had blocked me in” . He described defendant as aggressive. Asked if he was annoyed that defendant had reported him to the council, he said “the annoyance was from one side”. Mr O’Brien said that his client would say that Gerard Barker had cut a hedge and threw it into his property.

The defendant said in evidence that he worked for Meath County Council and was going home for his lunch when defendant pulled straight in front of him. He said that when Gerard Barker had bought the land he had come down to his (Brian Smith’s) house and he had wished Gerard Barker “the best of luck”. But then Mr Barker had cut the hedge and pushed a pile of hedge into his property “with all the big evergreen sticking out”.

“There was no speaking to him”, defendant said, “He wouldn’t answer the phone. In the meantime we have been persecuted, myself and my wife”. The defendant said that Gerard Barker was not a farmer but a plumber. Brian Smith said “I am on that road 30 years and I never had trouble with anyone. I never struck anyone in my life. I have no intention of striking anyone”.

Mr O’Brien said that the court had two different versions of what happened on the day of the alleged incident and he claimed his client’s version was the more credible. Dismissing the charge against Brian Smith Judge McKiernan said “I see two very angry and annoyed men.”