A HORTICULTURALIST who denied a charge of assault on his landlord over a kid’s bodyboard had his case dismissed.

Colm O’Nuanain (45), of Woodlea Cottage, Deelish, Coachford, pleaded not guilty to assault relating to an incident near his home on May 5th last.

Mr O’Nuanain had phoned gardaí that day to report he was assaulted by his landlord, Colin Wolfe (60), of Leades House, Deelish, Coachford.

Mr O’Nuanain handed gardaí photos of the injuries he claimed he had sustained that day.

Mr Wolfe later made a counter-allegation and gave a statement to gardaí that he had been assaulted by Mr O’Nuanain.

Macroom District Court heard that Mr Wolfe had found a bodyboard in one of his fields on May 5th last, close to the garden of the property Mr O’Nuanain was renting from him at the time. 

Gda O’Leary said he took a statement from Mr O’Nuanain on May 22nd.

He subsequently interviewed Colin Wolfe voluntarily and under caution at Macroom Garda Station.

Mr O’Nuanain had sent his landlord a message asking could he leave the bodyboard at the gate.

When he did not receive a response after around ten minutes he decided to walk up the road, hoping that his landlord had left the board nearby.

When he could not see the children’s toy he called at the back door of his neighbour, Joe White, also renting a property from Mr Wolfe, who was not at home.

He then saw Mr Wolfe coming towards him on his rough terrain vehicle with the bodyboard in the back of the vehicle.

Mr O’Nuanain said that he grabbed the bodyboard from the back of the vehicle and Mr Wolfe then tried to get it back off him, pushing him to the floor and kicking him as he tried to roll away.

The accused said he saw two neighbours eating breakfast nearby and called for help.

The court heard that the two men had a history of disagreements, with Mr Wolfe receiving a caution for bodily harm on his tenant whom he had tried to evict twice, with intervention by the Residential Tenancies Board.

In his statement to gardaí, Mr Wolfe said that Mr O’Nuanain had thrown himself ‘theatrically to the ground, shouting “assault”.’

Mr O’Nuanain’s evidence was that Mr Wolfe would not let go of the bodyboard and pushed him to the ground in the course of the argument, kicking him repeatedly.

Defence solicitor Patrick Hurley put it to Mr O’Nuanain that the bodyboard had been blown into Mr Wolfe’s field in January and had not been removed since.

Mr Wolfe said his phone fell to the ground during the argument and he tried to grab it, but did not kick Mr O’Nuanain. 

After the incident, Mr O’Nuanain asked his landlord why he was doing this, knowing that the family were moving out of the cottage in October. The court heard that both men then shook
hands.

In cross-examination by defence solicitor Patrick Goold, Mr Wolfe said: ‘I absolutely did not push him to the ground. We were both pulling at the board and he pulled it to the extent that he fell to the ground.’

Judge Joanne Carroll reminded Mr Wolfe that he was on oath, asking him to confirm if Mr O’Nuanain fell over during a tussle or if he had thrown himself to the ground theatrically, as alleged in his statement to gardaí.

‘I believe he threw himself to the ground,’ said Mr Wolfe.

‘I tried to retrieve the board from him and my phone fell to the ground.’ Mr Wolfe then said that ‘the whole thing was a bit of a blur’.

Judge Carroll dismissed the case against Colm O’Nuanain.

‘I would advise both men to keep out of each other’s way,’ said Judge Carroll.

‘Mr Wolfe, you could have handled matters far better and I advise you to be far more cautious in future.’

Funded by the Courts Reporting Scheme.