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Pensioner in court accused of hitting neighbour with leaf blower during boundary dispute

Peter Smythe denies hitting his neighbour with a leaf blower - John McLellan
Peter Smythe denies hitting his neighbour with a leaf blower - John McLellan

A pensioner has appeared in court following a dispute with a neighbour during which he was accused of hitting him in the face with a leaf blower.

Peter Smythe, 73, clashed with company director Nigel Clark, 63, following a row over a boundary ditch between their homes in Tolleshunt D'Arcy, near Tiptree in Essex.

Chelmsford Crown Court heard how the pair allegedly grappled on the ground when the "typical neighbour dispute" escalated last July.

Mr Smythe, a former building sites manager, was charged with grievous bodily harm, after allegedly fracturing his neighbour's nose and eye socket when he hit him with a garden leaf blower.

But in his defence he insisted that Mr Clark had punched him first, knocking him to the ground and then kicking him in the ribs.

Prosecutor William Martin said the disagreement had begun because the pair could not agree on who owned a narrow ditch between their homes.

The row escalated after the two neighbours clashed over a ditch between their homes in Essex - Credit: John McLellan
The row escalated after the two neighbours clashed over a ditch between their homes in Essex Credit: John McLellan

He said on July 4 last year Mr Smythe had been working in his garden when he saw his neighbour and had approached him to discuss the dispute.

But he said when Mr Clark walked away the older man had challenged him telling him: "Don't walk away."

Mr Clark told the court: "He said don't you walk away from me. As I turned round I was struck with the leaf blower to the head. I was struck diagonally across the face. It fractured my eye socket.

"I was shocked. I didn't expect it."

He went back home where his wife called an ambulance and he was taken to Colchester General Hospital.

Mrs Clark told the court that her husband appeared concussed, was unsteady and dazed.

But Mr Smythe, who arrived at court on crutches, insisted it was his neighbour who had been aggressive towards him.

Peter Smythe denies attacking his neighbour during a boundary dispute - Credit: John McLellan
Peter Smythe denies attacking his neighbour during a boundary dispute Credit: John McLellan

He told the jury that on the day of the alleged attack Mr Clark said hello to him and that he had replied : " I'm pleased we have bumped into each other. I would like to discuss the boundary ditch situation."

He said they had exchanged words and things had escalated quickly.

Mr Smythe told the court: "I was close enough for him to throw a punch with his right hand and hit me on the left side of my face. He has got a good swing - he plays golf.

"He knocked me on the floor, that punch knocked me for six. He kicked me when I was on the ground and lost his shoe in the process.

"I got up. I had the blower between us. He pulled the nozzle off and prodded me with it in the chest, saying 'c'mon then'."

Mr Smythe said they both ended rolling around "like a couple of kids" with the engine part of the blower between them.

Peter Smythe allegedly struck his neighbour in the face with a leaf blower - Credit: John McLellan
Peter Smythe allegedly struck his neighbour in the face with a leaf blower Credit: John McLellan

Asked about the injuries to Mr Clark's face, he said he believed he had sustained the wounds when he fell down onto the tarmac during the tussle.

Mr Smythe's son, Ashley, told the court he had arrived home to see his father and Mr Clark standing in the road.

He continued : "It raised alarm bells with me because Nigel was pointing to my father very angrily, aggressively, finger pointing and jabbing towards my father.

"I just sensed there was hostility, aggravation."

He said as he parked his van he lost sight of the two men for a moment but the next time he saw them, his father was on the ground.

The row was over a boundary dispute between the two homes in Essex - Credit: John McLellan
The row was over a boundary dispute between the two homes in Essex Credit: John McLellan

He told the court: "My father was lying on his back in what I can only describe as a defensive position. It looked as if he was defending himself, putting his hands up around his head.

"Nigel had my father pinned down to the ground. He was on his knees. He was on top of my father.”

During cross-examination, Mr Clark denied he being verbally aggressive towards his

neighbour and said he had not punched him.

He further denied "sticking the boot in" and refuted the claim that they had both been grappling on the ground.

Mr Smythe denies the charge and the trial continues.