Co Armagh tiler swung a spirit level at a neighbour over a parking dispute slicing his head open, Craigavon court hears

Joseph Menary, age unknown, of Ashgrove Manor, Portadown appeared before Craigavon Magistrates Court on Wednesday having pleaded guilty to wounding a man and possession of an offensive weapon.

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The injured party called police on November 2 last year saying he had an ongoing parking dispute with his neighbour, the defendant. He told police he got home around 3pm and noted the defendant coming towards him with a metal bar.

"They had an argument and a scuffle ensued. The defendant had swung the metal bar back striking the injured party on top of head causing a laceration,” a Prosecutor told the court.

"The defendant swung the metal bar again and the injured party blocked this before going back into his house and called police,” she said, adding that police attended Craigavon Hospital to get an initial statement from the victim who had captured the incident on CCTV.

During interview Menary said he picked up the spirit level and walked over to the injured party. He described it happening on the "spur of the moment” and denied carrying the spirit level over to use it, saying he acted in self defence.

The court heard eight staples were required to close the wound on the victim’s head.

Menary’s barrister Mr Conor Lunny said his client’s actions were as "a result of a clear and utter loss of temper” and a “culmination of various incidents, petty incidents”.

Mr Lunny referred to the parking of a trailer and a bin and said there had been a dispute over parking rights.

"Menary, being a tiler by trade, had his van parked quite close to the entrance to the victim’s driveway,” said the barrister.

The barrister admitted his client “clearly arms himself” with the spirit level. “He brings it over about 10 steps but the first physical confrontation appears to be the victim putting his hands on Menary first and that contributes to Menary’s complete and utter loss of temper,” he said.

Mr Lunny pointed out that, due to his client’s bail conditions, he has been out of the family home since this incident apart from a few hours on Christmas Day and Boxing Day.

He said Menary comes to court with a “swathe” of references from people in the community of various positions and offices “all of whom hold Mr Menary in quite high esteem” and is “well known in the local trade industry” and for his voluntary work.

Speaking to the victim who was in court, the District Judge said he had read both his Victim Impact Statements. He told Menary his actions had “a considerable impact on his victim”.

"They were vicious, sustained and involved following the victim to his home.”

He pointed to Menary’s references saying they were “the most impressive set of testimonials I have ever been presented with”.

He sentenced the defendant to 10 months in jail suspended for two years for the assault. For possession of an offensive weapon he was given a four months sentence to run concurrently also suspended for two years. He also issued a Restraining Order for two years.