Man denies attacking his neighbour who went on to his land to retrieve straying cow
A man has denied attacking his neighbour and fracturing his cheekbone after a cow strayed on to his land in Co Donegal.
Hugh McBride (44) appeared at Letterkenny Circuit Court, Co Donegal, yesterday charged with assaulting his next-door neighbour Gerard McGarvey at Golan, Milford, on July 8, 2015.
Mr McGarvey claimed that on the morning of the alleged incident he went to retrieve a cow that had strayed onto his neighbour's land. When he went onto the lands, he alleged he was viciously attacked by Mr McBride.
Mr McGarvey (51) said that at 8.30am on the morning in question he was going to work at Milford Mart when he noticed a cow at the back of Mr McBride's house.
He went to take his cow out but he said Mr McBride shouted at him not to open the gate or come on to his lands.
Mr McGarvey walked on and he said Mr McBride began to push him but he continued to walk past him.
When he did, he said he suddenly felt a blow to the right side of his head and claimed that McBride said to him: "Hit me, hit me, hit me."
Mr McGarvey said he walked on, adding: "I never reacted or I did not do anything to provoke him. I just wanted to take my cow out."
The court was told from the outset there is a long-running dispute between the men over a right-of-way that had been ongoing for more than five years.
Dr Karena Hanley told the court that she attended to Mr McGarvey when he visited her surgery.
She said he had been a patient of hers for many years and was in obvious distress when he called to her clinic in Milford.
Dr Hanley noticed redness to his face and it was swollen and asked Mr McGarvey to return to see her on July 14.
She then suspected he may have a fracture to his cheekbone. When she sent him to the Emergency Department of Letterkenny University Hospital, it was confirmed and Mr McGarvey had to undergo an operation.
Mr McBride denies the charge.
The trial, before Judge John Aylmer, is expected to last two days.