Assault on brother charge dismissed
Published 12/03/2016 | 00:00
A man's allegation that he was assaulted by his brother as part of a continuing family feud in Duncormick was dismissed at Wexford District Court after a full hearing of the case.
After hearing all the evidence, Judge Gerard Haughton accepted that Ibar Power suffered an injury near to his eye on November 30, 2011.
However, the court was not convinced that the injury was caused by accused man John Power (50) of Sea Lane, Park, Duncormick.
This was not the first time that the Power family featured in court and the judge was reminded that on another occasion Ibar Power (the injured party in this case) was convicted of assaulting John Power.
The incident considered at the court sitting in Ardcavan on March 1 related to a confrontation at Park on the afternoon in question.
Tempers were frayed when defendant John Power began throwing vegetation over a fence at the rear of his home.
One the other side of the fence were his 85 year old mother Nuala Power and his bother Ibar.
Ibar fetched a sprong and he began returning some of the material.
In court he said that John drove his fingers through a hole in the fence and hit him in the eye.
The wound began to swell and an x-ray was taken but he did not stay in hospital.
Nuala Power approached the witness box with the aid of a walking stick.
She said that her son John had been hassling her on the day in question and said she saw John hitting Ibar 'with his nails'.
She reported that John continued to give trouble, as she put it, as he was claiming property all the time.
The court was told that she and Ibar care for her husband who is aged 92.
The incident at Sea Lane was investigated by Garda Sergeant Michael Clarke, now retired, who was shown CCTV but the footage was of poor quality.
Giving evidence in his own defence, John Power recalled seeing his brother throw himself on the ground, a sight he described as amusing.
The defendant said it was not possible to reach through the fence in order to strike his sibling.
After looking at photographs of the scene, Judge Haughton agreed it was impossible to accept that a blow had been landed of such force that the other man was knocked to the ground.
He dismissed the charge and advised the family to go to court in order to establish exactly who has what rights over the disputed property.