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Son cleared of assault in neighbours' wall row

A MAN has been cleared of assaulting his elderly neighbour during an argument over a wall between their two homes.

Robert Carroll (29) was accused of attacking Patrick McDaniel with a clawhammer and striking him on the arm and hand.

Mr McDaniel and his son were extending a wall between the two houses at the time of the alleged incident.

Judge John Coughlan struck out the assault summons saying Mr McDaniel, a dog warden with Sligo County Council, had no right to touch the wall.

The court heard the wall, which was between the men's two properties in Skerries, was on Mr McDaniel and his wife's property but had been built by Mr Carroll and his family.

The defendant appeared before Swords District Court accused of assaulting Mr McDaniel at Beau Piers Lane in Skerries on November 5, 2010.

Mr McDaniel said he and his son were building up the wall when Mr Carroll's mother came out of her house and asked them what they were doing.

He said he told her they were building up the wall and closing up a doorway in the wall.

Mr McDaniel said Mrs Carroll said she was going to speak to her solicitor about the wall.

He claimed Mr Carroll then came out of the house and jumped up on the wall, shouted "this f***ing wall is coming down" and started tearing the new blocks off.

The court heard that Garda John Lennon was called to the incident, the men calmed down and the garda left.

Mr McDaniel said he started building the wall again. He claimed Mr Carroll came out with a clawhammer and put it to his head, catching him on the arm and hand.

Judge Coughlan said the matter was a dispute between neighbours over a wall.

Defence solicitor Sean Brown said Mr Carroll now accepted the wall had been built on Mr McDaniel's land, but at the time he thought the wall had been built on his family land.

Judge Coughlan said the wall belonged to Mr Carroll's family as it had been built by them and Mr McDaniel had no right to touch it, without a court order. The judge dismissed the assault charge.