A furious pensioner broke his neighbour’s nose after living together “amicably” for years despite a 20-year long car parking dispute.
Derek Fisher, of Belton, near Epworth, North Lincolnshire, clashed with his neighbour over access to their properties using the lane, a court heard.
The 79-year-old had led a trouble-free life until violence flared in the lane one evening in the long-running dispute over vehicles using the access road. The defendant complained it was a bridleway and should not be used by vehicles because he regularly used it for walking his dog, Grimsby Crown Court heard.
But the neighbour had lived in the same lane for 20 years and used it for going to and from his home and hosting relatives. The two neighbours live about 200 metres apart and share the same lane for access, GrimsbyLive reports.
Anthony Moore, prosecuting, said the attack happened at 11pm on October 4. He said both men had lived in their respective homes amicably for many years.
Some years ago, Fisher installed a speed bump because of concerns about the speed of vehicles using the lane, which was described as “heavily pot-holed.” The lane was used regularly by both neighbours for walking their pet dogs.
When the neighbour returned at 9.45pm on September 30, he saw a torch light shining in the lane. He stopped his car. Mr Moore said the light was shone into the driver’s windscreen so he could not see.
There was a verbal exchange, with the neighbour urging Fisher to get out of the way. Fisher shouted back “This is a bridleway. No cars are allowed. The neighbour responded: “Don’t be ridiculous.”
Mr Moore said: “On October 4 there was an almost identical repeat of the incident. It was 11pm and he [Fisher] shone a light into the complainant’s windscreen. The defendant did not move. The complainant swore and shouted at him to get out of the way.
“The defendant got worked up and angry and punched him twice in the face,” the prosecutor said. Mr Moore said the neighbour had his seatbelt on and was left stunned and bleeding on his clothes.
The neighbour went to Scunthorpe accident and emergency ward, but was told to return in the morning in order to see an ear, nose and throat consultant. The neighbour had to undergo emergency surgery for a broken nose, while under general anaesthetic.
Mr Moore read a victim impact statement for the complainant, who said he has been left with anxiety and a bent nose. His breathing had not settled since the attack and he was prone to snoring.
He told how he had to drive past Fisher’s home every day. He said he did not wish confrontation and had curtailed family activities to reduce visits by relatives. The victim said he went to a wedding a few days after the attack and had to avoid photographs and suffered pain on his nose.
For Fisher, Steven Garth said his client was retired, but would pay compensation. He agreed with the judge’s recommendation for a community order.
Sentencing Fisher, Judge Richard Woolfall told the defendant that his victim would suffer every time he had to look in the mirror and be reminded of the attack. He said he had “hitherto had a blameless life” and references said the attack was “out of character.”
The judge told Fisher that he should “turn the other cheek” in future. He ordered compensation for the victim of £1,500 and gave Fisher a 12-month community order to include 20 rehabilitation days.
