TWO Courtmacsherry pensioners in dispute over a small plot of land found themselves facing assault and affray charges.

Paddy Deasy (76) of 34 Ard na Greine, Courtmacsherry pleaded not guilty at Bandon District Court to assault and affray, but pleaded guilty to criminal damage.

Cornelius Whelton (77) of Station View, Courtmacsherry also pleaded not guilty to assault and affray at the same court sitting.

The court heard that on August 30th 2024, Mr Whelton was coming home at around 8pm by the Wood Road when he noticed a wall had been built on what he said was his property. He said he put his foot up against it and it fell.

‘I was putting the stones back in off the road when I got a belt on the head with a shovel. I was conked out on the ground and I could hear my car glass being broken. I didn’t see much as I was in a haze and I then got three or four belts on my shoulder,’ said Mr Whelton.

‘As I was lying on the ground I heard someone saying they had called an ambulance. I woke up on the green and was then taken to hospital and was kept in
overnight.’

The court heard that the back window of his car, two wing mirrors and door handles were damaged with the total cost of damage coming to €1,800.

Solicitor Plunkett Taaffe, representing Paddy Deasy, said his client had permission from the landowner to tidy up a ditch on her land. However, Mr Whelton said the land belongs to him.

Mr Taaffe said his client admitted causing damage to the car but denied attacking Mr Whelton with a shovel and said it was in fact his client who was attacked by Mr Whelton with a shovel.

‘His glasses were broken and he sustained an injury to his eye,’ said Mr Taaffe.

Giving evidence, Paddy Deasy said he was coming home from the village when he saw Mr Whelton digging out the flowers with a shovel on the plot that he had worked on.

‘I got a spade and went back down and asked him what he was doing. He said I had no right to work on the ditch. I was so incensed as it had been a community effort,’ said Mr Deasy.

‘In confusion and anger I broke the back windscreen of his car. He then came out with his shovel and started to attack me. He caught me by the eye and there was blood pouring out. I had to stand my ground as I saw real danger and I gave him a poke with my spade and told him to leave the road alone.’

Mr Deasy said he went home afterwards and a neighbour helped him as he had cuts to his eye and his hands were bruised. Gardaí later called to his home and took pictures of his injuries.

Solicitor Myra Dinneen, representing Mr Whelton, put it to Mr Deasy that he struck her client in the back of the head and then damaged the car.

Judge Joanne Carroll said there were no witnesses to the incident and that it was one man’s word against the other. She dismissed the assault and affray charges against both men but convicted Mr Deasy, who has 15 previous road traffic convictions, of criminal damage.

‘This man lost his complete cool and got involved in an altercation,’ said Judge Carroll, who added that the damage to the car has to be paid.

She directed the preparation of a probation report and adjourned the case until February 20th 2026 where compensation is expected to be paid on that date.

The judge also directed the destruction of the spade and shovel involved in the dispute.