A 67-year-old retired man who kicked his neighbour in the leg in Ballina town was before Ballina District Court on Tuesday for an assault charge.
On Friday January 18 2008 at 3.20pm Benny Holmes was walking to a sports shop on O’Rahilly Street, Ballina when Liam Walsh, Culleens, Killala Road, Ballina came behind him and kicked him in the leg.
Mr Holmes stumbled and partially fell and when he looked behind him he saw the defendant run up the street and into a shop.
This incident was witnessed by a passer-by. Mr Holmes reported the incident to the gardaí where pictures were taken of the injury sustained.
The ESB worker said that he did not want to confront Walsh on the day as they are not on speaking terms following ongoing issues surrounding the boundary of lands. The defendant said that he was in town that day but did not see Mr Holmes.
Judge Mary Devins said that the prosecution had proved the case, but she did not sentence him until she heard another case in which Walsh, a retired forestry worker who has no previous convictions, was also involved.
Both Walsh and Benny Holmes, Culleens, Killala Road, Ballina were also before the court on separate assault charges arising out of alleged incidents which took place on Saturday February 16 2008.
Holmes—who owns land next to Walsh—began digging a foundation at 8am for a wall which was to be erected. It is claimed that once the digging commenced Walsh came out of his house and shouted at Holmes, before he began throwing blocks at him, which were handed to him by his wife, Mary Walsh.
Holmes continued digging, however Walsh then started hitting Holmes’ upper body with a spade and even at times went to hit Holmes’ head. Holmes, who had his back to Walsh, continued his work even though he felt the pain of the spade as there had been numerous attempts to stop him from work on his property before.
Holmes then called gardaí. A worker who was with Holmes at the time saw him being hit as did Finola Holmes.
According to Holmes, Walsh, who was standing on a bank above the trench, lost his balance and fell into the trench where he received cuts and bruising to his face.
Walsh claimed that his neighbour jumped up and dragged him by the neck into the trench where Holmes then knocked him face down to the ground and said, “There is your f***ing ground”.
Mrs Holmes and Brian Munnelly, who was working at the property said that they saw Walsh fall into the trench and then he was helped up by Holmes. Holmes said that he lifted Walsh up by the jacket and told him to “get the f**k out” of his property.
Walsh told the court that he did not throw any blocks at Holmes and that he had a shovel in his hand for balance, but did not swing it and claimed that Holmes jumped up and smashed his face into the ground. Mrs Holmes said that she saw Holmes get a hold of her husband and drag him into the trench and also called the gardaí.
The entire incident lasted until 9.15am when Detective Garda Edward Naughton arrived at the scene and spoke to all parties, informed them to keep the peace and later obtained medical reports from both men who claimed to have been assaulted.
Judge Mary Devins said that she would consider the evidence and adjourned the case for decision to October 27.
