redkite
12-11-09, 10:14 AM
www.thisislichfield.co.uk (http://www.thisislichfield.co.uk) - this is lichfield.o.uk - 12-Nov-09
location: Samuel Close, Netherstowe, Lichfield
tags: attacked, assault, parking, dispute
Councillor cleared of attack on neighbour (http://www.thisislichfield.co.uk/news/Councillor-cleared-attack-neighbour/article-1509150-detail/article.html)
A DISTRICT and city councillor in Lichfield has been cleared of assault following an altercation with a neighbour who parked on his drive.
Councillor John Walker, Lichfield District Council and Lichfield City Council member for Curborough ward, had been accused of repeatedly hitting Michael Plant in anger, when he found the vehicle parked outside his door.
Cannock Magistrates Court was told on Friday that the pair had a history of antipathy towards each other, which led to the incident on Friday, July 3.
That morning, Mr Walker, an independent member of both authorities, had been shopping with his partner Linda Goring and personal assistant Val Matthews, before returning to his bungalow in Samuel Close, Netherstowe, Lichfield.
The 70-year-old was preparing lunch and was disposing of some vegetable peelings in an outside bin when the trouble started.
Mr Plant, aged 59, had taken his wife, Gillian, also aged 59, to the hairdressers and pulled onto the drive to avoid her getting wet.
He walked her inside and then came back out to his car.
The court was told Mr Plant claimed Mr Walker confronted him in his underwear.
Mr Plant said Mr Walker then slammed the car's driver's door on his arm and punched him three times, twice on the jaw and once on the cheek.
He then said, after attempting to make a citizen's arrest, Mr Walker slowly fell to the floor and lay there in the rain, in an attempt to feign injury.
But, Mr Walker said it was he that was attacked by Mr Plant.
He said that he was held around the throat and sustained injuries to his head and neck, after Mr Plant slashed at him with his keys.
Throughout the trial, both men denied hitting the other.
During the trial, Claire Spooner, prosecuting, and Mark Moore, defending Mr Walker, questioned Mr Plant, his wife and Graham Cooper, a neighbour.
Each of the witnesses described what they saw, but there were inconsistencies in their stories.
Mr Plant said he had been struck as he tried to get out of his car.
Mrs Plant, who was in the kitchen of their bungalow, had told police her husband was out of the car when he was struck.
Mr Cooper, who had come out of his bungalow when he saw the disturbance, said he saw Mr Walker make a "striking action" and that there were "three grabs in quick succession", but he "could not see whether his hands were open or closed", or "if a blow landed".
Mr Moore said that there was some evidence in the case, but it was "riddled with inconsistencies".
Clearing Mr Walker of assault by beating, John Hill, presiding magistrate, said: "We feel the prosecution's evidence was so inconsistent we have serious doubts.
"We cannot be certain.
"We do not find the defendant guilty and dismiss the case."
location: Samuel Close, Netherstowe, Lichfield
tags: attacked, assault, parking, dispute
Councillor cleared of attack on neighbour (http://www.thisislichfield.co.uk/news/Councillor-cleared-attack-neighbour/article-1509150-detail/article.html)
A DISTRICT and city councillor in Lichfield has been cleared of assault following an altercation with a neighbour who parked on his drive.
Councillor John Walker, Lichfield District Council and Lichfield City Council member for Curborough ward, had been accused of repeatedly hitting Michael Plant in anger, when he found the vehicle parked outside his door.
Cannock Magistrates Court was told on Friday that the pair had a history of antipathy towards each other, which led to the incident on Friday, July 3.
That morning, Mr Walker, an independent member of both authorities, had been shopping with his partner Linda Goring and personal assistant Val Matthews, before returning to his bungalow in Samuel Close, Netherstowe, Lichfield.
The 70-year-old was preparing lunch and was disposing of some vegetable peelings in an outside bin when the trouble started.
Mr Plant, aged 59, had taken his wife, Gillian, also aged 59, to the hairdressers and pulled onto the drive to avoid her getting wet.
He walked her inside and then came back out to his car.
The court was told Mr Plant claimed Mr Walker confronted him in his underwear.
Mr Plant said Mr Walker then slammed the car's driver's door on his arm and punched him three times, twice on the jaw and once on the cheek.
He then said, after attempting to make a citizen's arrest, Mr Walker slowly fell to the floor and lay there in the rain, in an attempt to feign injury.
But, Mr Walker said it was he that was attacked by Mr Plant.
He said that he was held around the throat and sustained injuries to his head and neck, after Mr Plant slashed at him with his keys.
Throughout the trial, both men denied hitting the other.
During the trial, Claire Spooner, prosecuting, and Mark Moore, defending Mr Walker, questioned Mr Plant, his wife and Graham Cooper, a neighbour.
Each of the witnesses described what they saw, but there were inconsistencies in their stories.
Mr Plant said he had been struck as he tried to get out of his car.
Mrs Plant, who was in the kitchen of their bungalow, had told police her husband was out of the car when he was struck.
Mr Cooper, who had come out of his bungalow when he saw the disturbance, said he saw Mr Walker make a "striking action" and that there were "three grabs in quick succession", but he "could not see whether his hands were open or closed", or "if a blow landed".
Mr Moore said that there was some evidence in the case, but it was "riddled with inconsistencies".
Clearing Mr Walker of assault by beating, John Hill, presiding magistrate, said: "We feel the prosecution's evidence was so inconsistent we have serious doubts.
"We cannot be certain.
"We do not find the defendant guilty and dismiss the case."