A PENSIONER charged with assaulting his neighbour said it was provoked by repeated taunts towards his partner.

Andy Frost (77), of Harbour Court, Courtmacsherry, was directed to pay €100 to the Court Poor Box at Clonakilty District Court.

The court heard that on February 20th last, gardaí received a call about an incident at the Woodlands estate in Courtmacsherry.

James Noonan had reported that Mr Frost assaulted him as he was out walking his dogs.

Mr Noonan gave evidence saying Mr Frost hit his hands and gave him several kicks.

Mr Noonan, who had recorded the exchange on his phone, later called gardaí.

Mr Noonan said he had bruising on his shins and a twitch in his neck that developed into ‘a full-blown cramp’.

‘Three to four weeks later I went to hospital because I had a cardiac episode. I believe it was as a result of this,’ said Mr Noonan.

Defence solicitor Éamonn Fleming questioned whether the cardiac episode was a result of the alleged assault.

The court heard that Mr Noonan had moved to the estate five years ago and had since felt intimidated and harassed by his neighbours, Andrew Frost and Teresa Egger.

However, Mr Fleming told the court that Mr Noonan had been the subject of a court order issued in April 2024 for engaging in threatening and abusive behaviour towards Ms Egger in January 2023.

The condition of the three-year order was that he was to be of good behaviour.

In 2023, gardaí ordered Mr Noonan to clean up faeces he had smeared at a local grotto where Ms Egger cultivated flowers on behalf of Tidy Towns.

Mr Fleming said Mr Noonan displayed provocative behaviour on several occasions by walking past Ms Egger’s house, covering his mouth and nose with his hand ‘to indicate that there was a smell coming from the house’.

Mr Noonan replied he did that to prove that Ms Egger’s was stalking him and recording him on CCTV. 

Gda Murphy told the court Mr Noonan came to the station two days after the alleged assault and handed over a USB stick with the phone recording he had made of the incident.

Mr Frost gave a voluntary statement on April 11th last.

In cross examination by Insp Roisin O’Dea, Mr Frost said that he was in a relationship with Ms Egger and both had chosen to live in their own houses.

Mr Frost, who had moved to West Cork from England, said that he had confronted Mr Noonan that day after he had seen him take out his phone and do a 360-degree pan of Teresa Egger’s house.

In evidence, Ms Eggers said Mr Noonan had taunted her regularly, called her a ‘reptile’, compared her to English child killer Beverly Allitt, and called her a ‘Jewish junkie’. Asked whether she was Jewish, Ms Egger said: ‘No, I’m Catholic’.

Judge Joanne Carroll viewed the phone recording of the incident, after which Mr Frost said: ‘Apologies that you have to listen to my appalling language.’

Mr Frost said that his partner had called him up numerous times in tears, suffering great stress and anxiety because of Mr Noonan’s behaviour.

‘There were times when she just wanted to move away,’ said Mr Frost.

Insp O’Dea asked Mr Frost if he regretted his behaviour, to which the accused responded: ‘I behaved badly.’ Mr Frost said that he confronted Mr Noonan because he believed he was breaching the court order by Judge McNulty.

‘The court order just says that Mr Noonan ought to be of good behaviour, not that he should stay away,’ said Insp O’Dea.

Judge Carroll said that the facts were proven in relation to the assault.

She noted Mr Frost had expressed remorse for his actions, adding: ‘There’s no doubt that some provocation occurred.’

Judge Carroll struck out the case after Mr Frost made a payment of €100 to the Poor Box.

Funded by the Courts Reporting Scheme.