Tipperary judge tells tenant and landlord to ‘move forward with their lives’
The two men who were charged with assaulting each other
Judge Elizabeth MacGrath has told two men accused of assaulting each other to move on with their lives, at Nenagh District Court.
Philip Cullen (66) of 13 Leinster Avenue, Dublin 1 and Larry Wing (67) of Hillsborough Mills Dromakeenan, Roscrea are both accused of assault at Hillsborough Mills Roscrea on March 10, 2023.
Philip Cullen told the court that he was renting a house from Mr Wing and that they lived next to each other.
Mr Cullen and his wife were due to vacate the house the following day and were in the process of moving their belongings.
Mr Cullen told the court that on the day of the incident, he received a text from Mr Wing confirming that they would leave the house by 12pm the following day. Mr Cullen said that although the date was set, no time had been agreed.
This he had confirmed with his wife who had made the arrangements.Mr Cullen said he felt that Mr Wing was being unfair as there was a prohibition on notices to quit until March 31, and he had been renting from Mr Wing for some time.
“We are still homeless. We live in a caravan. It’s so unfair. I gave him €11,000 tax-free, and he assaulted me.
“I could have stayed until the 31st,” said Mr Cullen. Mr Cullen told the court that he went outside and shouted for his landlord in the neighbouring house.
When Mr Wing came out into the garden, Mr Cullen said he waived his finger and phone at him when the defendant grabbed his arm, then his shoulder and pushed him, shouting, “nobody points a finger at me.”
Mr Cullen also said, Mr Wing called him a “lunatic.”
Mr Cullen said he had bruise and was left frightened by the incident. When his fist came up I thought he would knock me dead,” said Mr Cullen.
He reported it to the gardai who took a photograph.
A DIFFERENT VERSION
Larry Wing told the court that he and his wife were planning to sell the house to pay off debts.
He said this was the plan before the defendant and his wife moved in.
The Wings had agreed to rent to the Cullens through a friend for a few months. When it came to leave, the Cullens offered to buy the house.
“We were happy because they were good neighbours and we would be able to cover our debts,” said Mr Wing.
However, Mr Wing told the court that the Cullens had been unable to raise the money. They proposed an arrangement but Mr Wing said his solicitor had advised against.
Then the Wing’s daughter wanted the house and the Cullens agreed to leave, the court was told.
Mr Wing said that on the day of the incident he and his wife could hear shouting coming from the house next door.
He said he heard Mr Cullen rowing with his wife and had called her “stupid.”
Mr Wing had wanted to intervene but his wife advised against it and he sent the text instead.
The court heard that Mr Cullen came out of the house and called Mr Wing “an evil man.”
Mr Cullen had waived his finger making contact with Mr Wing’s face. Mr Wing pushed him away.
Mr Cullen pointed to a bruise on his arm and said he would “have him for assault,” the court was told.
Garda Brian Keon told the court that he took statements from both men and the photos of their alleged injuries.
Mr Cullen denies touching Mr Wing’s face.
MOVE ON
Judge MacGrath said it was clear to her that “both of them were extremely stressed” on the day of the incident.
She noted the evidence by Mr Cullen and Mr Wing, as well as their wives and Garda Brian Keon.
However, she said a conviction was not necessary.
“I do not doubt on the day that both of you were very stressed and if not you would not have behaved that way.
“My view is not to impose a conviction and it’s a pity it was not dealt with any other way. My wish is that you both go on and move forward with your lives,” said Judge MacGrath.