A Wicklow man has gone on trial for an alleged violent assault on one of his neighbours in a row over timber that had been left for them by an ESB subcontractor who had been cutting trees in the area.
Samuel Hughes (68) of Woodview Park, Avoca, Co Wicklow has pleaded not guilty to an assault causing harm on Eugene Driscoll (68) on February 15th 2023, contrary to Section 3 (1) of the Non-Fatal Offences Against the Person Act 1997.
Mr Driscoll, who lives two doors away from the defendant, gave evidence that he suffered two broken ribs and a punctured lung as well as bruising to his face and body as a result of the incident.
The court heard that an ESB subcontractor had left a load of “semi-sawn-up” trees in a laneway at the back of Woodview Park after they had been removed because they were interfering with power lines in the area.
Mr Driscoll gave evidence that an ESB worker unloading the timber informed him that it was to be split three ways between himself, the defendant and a brother of the ESB subcontractor who also lived beside them.
He confirmed to counsel for the DPP, James Kelly BL, that no money was exchanged for the timber.
Mr Driscoll recalled that he was outside grabbing some timber when the accused arrived with a chainsaw and started cutting up the trees.
He claimed Mr Hughes told him that the timber was “not yours” and to get away. Mr Driscoll said he pointed out that it was to be shared between three of them.
He told the court that he was pushed over the load of sticks after he had turned his back on Mr Hughes. Mr Driscoll said the accused was on top of him and he could not get up.
He described how he started choking after the defendant placed both his hands around his neck. “I couldn’t breathe at this stage,” he added.
Mr Driscoll also recalled that his attacker said to him: “Now I’ll kill you, you English bastard.”
He explained that he was born in England but had lived in Ireland for the last 45 years.
Mr Driscoll said the accused got off him after a while and went back to his chainsaw while saying: “Now you can call the f**king guards” – a claim denied by the accused.
The witness said he struggled to get up and was holding his ribs from the pain of having the accused’s knees and legs on his chest. He also claimed Mr Hughes had slapped him with his fist.
The court heard that gardaí and an ambulance were called to the scene.
Mr Driscoll said he was brought to St Vincent’s University Hospital in Dublin from where he was discharged later that night after suffering two broken ribs and a punctured lung.
Cross-examined by defence counsel, Edmund Sweetman, BL, Mr Driscoll claimed he was trying to drag a heavy piece of timber onto his wheelbarrow when the incident happened.
Mr Driscoll, who told the court that news of the incident was “all around Avoca”, rejected the suggestion that he had fallen onto the timber as a result of a “tussle” with the accused and that scratches were from branches of the trees.
“It didn’t happen like that. He was crushing me,” he added. Mr Sweetman observed that Mr Hughes did not want the witness to take the timber that he had cut.
Mr Driscoll replied that he had not touched any logs that had already been cut. He said he had reported the matter to gardaí because of his injuries.
Mr Driscoll said his attacker was “twice as heavy as I am.” “I’m only a little midget compared to him,” he remarked.
Another neighbour, William O’Toole, gave evidence that he was looking out a back window of his home and saw Mr Driscoll standing by a heap of firewood, while the accused was cutting it up with a chainsaw.
The witness said he saw Mr Hughes drop the chainsaw and go towards his neighbour and grabbed him from behind before shoving him down on the pile of timber.
Mr O’Toole said he also saw the defendant lying on top of Mr Hughes for a couple of minutes as well as holding him by the throat with one hand.
He told the court his wife did not want him to go outside but he later saw Mr Hughes holding his ribs as he got up.
Mr O’Toole also stated he heard the accused make a remark about calling “the f**king guards.”
Asked if he was friendly with Mr Hughes under cross-examination, Mr O’Toole replied: “We do not get on. He can be a contrary man.”
Garda Colm Ryan gave evidence that the accused, under caution, claimed there had been “a verbal disagreement and the two parties had pushed each other.”
The trial before Judge Patrick Quinn and a jury of seven men and five women is expected to conclude on Friday.
