A NEIGHBOURLY dispute over a water leak got out of hand and led to one Wrexham man appearing in court charged with common assault.

Graham Edward Austin, 66, of Stephens Lane in Rhos, was said to have launched himself at Jason Pemberton, before following him into his home and striking him with several blows. Austin denied the charge, and during the short trial at Mold Magistrates Court, gave an alternative version of events, saying how he had “stumbled” into Mr Pemberton’s home and been “caught by the wrists”, before his next door neighbour dug his fingernails into him.

The incident had been witnessed by John Shaw, an employee of Severn Trent Water, and District Judge Gwyn Jones took several minutes to consider his verdict before telling Austin, that his version of events did not seem believable, especially as the evidence given by Mr Shaw had collaborated the version offered by Mr Pemberton.

Nia Lloyd, prosecuting, told the court how the pair had been in a dispute for the last 12 months over a water leak in the garden of Mr Pemberton’s home and that on September 4 last year, Mr Shaw had attended the scene to investigate the matter. Ms Lloyd said it had been just after 1pm when Mr Shaw arrived at the scene and after discussing the leak with Mr Pemberton for around 10 minutes, Austin had opened his own front door to discuss the matter.

Austin told his neighbour of 18 years Mr Pemberton he was “a f*****g liar” to which he was told “to mind your own f*****g business” in reply, which she said had made the defendant “really angry” and he launched himself in the direction of his neighbour who had began to move back into his own home at pace.

Providing evidence to the court, Mr Pemberton said how he saw Austin coming into range and despite trying to close his front door, did not manage to do so and explained how he his neighbour tried to get him in a headlock with his left arm while throwing several punches with his right hand.

Judge Gwyn Jones told Austin that despite taking into account that he was a man of unblemished character who had never been before the courts in his life, that could not be seen as a way out. He said it had been “clear” that there had been an ongoing dispute between both parties but was satisfied that the evidence provided by Mr Pemberton was the version of events he was siding with.”

He gave Austin a conditional discharge for a period of two years and told him to pay his neighbour £200 in compensation, while he must also pay court costs of £600 and surcharge of £20.