Tenant at Cork property who threw stones at digger driver is fined over behaviour 

A TENANT at a property in Ballinhassig threw stones at the driver of a digger doing works for the owner and then waved a machete in a threatening manner and now he has been convicted and fined for his behaviour.

Judge Philip O’Leary said to 48-year-old Kenneth Garnes who had been living at Sunvilla, Halfway, Ballinhassig: “I won’t impose a custodial sentence on this occasion.”

Judge O’Leary said at Cork District Court: “I am going to take into consideration his plea of guilty, that his previous convictions are mostly unrelated and that the injured party suffered only minor injuries.”

Garda John Stack said the injury to the excavator driver consisted of a laceration to the arm from a stone being thrown and was not caused by the machete.

The 48-year-old was initially accused of assault causing harm to the driver of the digger and to production of a machete contrary to the Firearms and Offensive Weapons Act.

However, Inspector Ray Dunne said the state was willing to reduce the assault charge to the lesser count of simple assault.

There was a plea of guilty to that charge and the count of producing the machete.

Incident 

The incident occurred at lunchtime on April 13, 2023, and gardaí were quickly alerted.

Garda Stack said the injured party had been driving a digger, doing works on the property owned by a woman who was present, and that the tenant in the property, Garnes, emerged and shouted at him over a log being moved. Garnes then began throwing stones at the driver in the cab of the machine.

“He then went back to the house and re-emerged in possession of a machete which he produced in a threatening manner,” said Garda Stack.

Michael Quinlan, defending, said the background was that there had been an effort by the landlord to evict the tenant but that the Residential Tenancies Board found in favour of the tenant remaining. He said the log had been placed across the drive by the tenant when an unidentified person stole home-heating oil from his tank.

Garda Stack said the landscaping work was being done some distance from the front of the property and had nothing to do with the tenant. However, Mr Quinlan submitted that the defendant was in fear.

“Mr Garnes did have the machete in his hand but it was in an effort to let this man using the digger know that he (Garnes) was entitled to be there.”

Judge O’Leary asked: “What was the purpose of the digger being there?”

Garda Stack said that it was to remove rocks from the driveway.

Mr Quinlan said that was disputed by the defendant. The solicitor said that by reacting in the way that he did to the presence of the digger and the work being done, “Mr Garnes fell into the trap” and that his reaction to a feeling of being intimidated ended up with the RTB later finding against him remaining as a tenant. He is now living in supported accommodation.

Penalty 

As Mr Quinlan was addressing the court, Garnes spoke up from the body of the court. At one stage Judge O’Leary remarked that he was trying to be as fair as possible to the accused but he had to be warned twice about interrupting the court.

Concluding the imposition of penalty, the judge fined Garnes €200 for assault and €100 for production of the weapon.

“Using or threatening to use a machete is a serious matter,” Judge O’Leary said.