Car window was smashed in West Cork row over landscaping

A Cork pensioner who pleaded guilty to smashing the rear window of another man’s car in a dispute over flowers planted in a ditch can’t afford to pay the amount of compensation the court instructed him to, according to his solicitor.

Paddy Deasy, aged 76, of Ard na Greine, Courtmacsherry, had previously pleaded guilty to criminal damage at a sitting of Bandon District Court.

Deasy had admitted smashing the rear window with a spade of a car belonging to 77-year-old Cornelius Whelton, of Station View, Courtmacsherry.

The altercation began when Mr Whelton returned home and found a wall and landscaping work carried out on a strip of land near Wood Rd he claimed belonged to him. Paddy Deasy said he had permission from the landowner to tidy the area as part of a community effort.

After Mr Whelton began removing stones and flowers from the site, Mr Deasy confronted him, leading to a heated argument that escalated into a physical confrontation.

Mr Whelton claimed Paddy Deasy struck him with a shovel and damaged his car, while Mr Deasy said Mr Whelton attacked him first after he challenged him over the work being carried out on the disputed site.

Mr Deasy admitted smashing the car window in anger but denied the assault and affray charges.

No witnesses or forensic evidence

Judge Joanne Carroll dismissed the assault and affray charges against both men, saying there were no witnesses or forensic evidence to prove either version of events.

However, Mr Deasy was convicted of criminal damage and ordered to compensate Mr Whelton for the estimated €1,800 damage caused to the car.

At a hearing in Bandon District Court to finalise the matter, Mr Deasy’s solicitor Plunkett Taaffe said the actual cost of the window was €227 and his client could compensate Mr Whelton with €400.

Mr Taaffe said Mr Whelton’s car had been subsequently scrapped anyway.

The court was told Mr Deasy “doesn’t have the wherewithal” to come up with another €600 in compensation.

The court heard Mr Deasy had seven previous convictions, all for road traffic matters. Judge Carroll said Mr Deasy “became enraged” when Mr Whelton removed the flowers which he claimed were planted in a public place.

She said alcohol had been consumed and Mr Deasy bashed in the window.

The court agreed to accept the €400 as the final amount of compensation, and Mr Deasy was also sentenced to three months in prison suspended for 18 months.

• This article is funded by the Courts Reporting Scheme