HatterScaff
Well-known member
Man was assaulted in Roche wood yard dispute | This is Cornwall
A CONFRONTATION at a Roche wood yard has led to a 37-year-old man being convicted of assault.
Darren Nesbitt, of The Hurlings, St Columb Major, was ordered to pay £785 in fines, costs and surcharge after being found guilty of assaulting Julian Murch during a trial at Bodmin Magistrates' Court on Friday.
Jeremy Rawlings, for the prosecution, said the incident on June 12 arose out of a disagreement between Nesbitt, of ABC Scaffolding, and Mr Murch, of Douglas Timber Frames Ltd, and Nesbitt went to the company's yard at Higher Brynn Farm claiming Mr Murch had stolen scaffolding belonging to him.
Mr Murch accepted that the scaffolding, used on a site at Sea Road, Carlyon Bay, had been hired from Nesbitt and said when the job ended he had phoned him to get him to collect it, said Mr Rawlings. The scaffolding was taken down and stored at the yard.
Nesbitt became irate and verbally abusive, pushing Mr Murch into the side of his van. During a scuffle, both fell to the floor and Mr Murch's colleagues Tom Howard and Wesley Stidwell had to separate them. There was then a further altercation during which, the prosecution alleged, Nesbitt went to the rear of his van and raised a scaffolding bar above his head in a threatening manner.
Nesbitt claimed he had gone to the yard because of concern over two unpaid invoices and to get his scaffolding. He denied being angry and said he was told that if he wanted the scaffolding back he would have to write a letter saying it had not been stolen. He claimed he was restrained at the yard and had himself been punched by Mr Murch. The allegation about the scaffolding pole was "a complete lie".
The magistrates found him guilty and said self-defence "was not an issue". Nesbitt had unlawfully pushed Mr Murch and there was then a scuffle on the ground. It could not be established exactly what had happened during the scuffle, as the witnesses' accounts varied, but both Nesbitt and Mr Murch had thrown punches. The bench was unable to say if Nesbitt made threats with the pole.
Read more: Man was assaulted in Roche wood yard dispute | This is Cornwall
Follow us: @thisiscornwall on Twitter | thisiscornwall on Facebook
A CONFRONTATION at a Roche wood yard has led to a 37-year-old man being convicted of assault.
Darren Nesbitt, of The Hurlings, St Columb Major, was ordered to pay £785 in fines, costs and surcharge after being found guilty of assaulting Julian Murch during a trial at Bodmin Magistrates' Court on Friday.
Jeremy Rawlings, for the prosecution, said the incident on June 12 arose out of a disagreement between Nesbitt, of ABC Scaffolding, and Mr Murch, of Douglas Timber Frames Ltd, and Nesbitt went to the company's yard at Higher Brynn Farm claiming Mr Murch had stolen scaffolding belonging to him.
Mr Murch accepted that the scaffolding, used on a site at Sea Road, Carlyon Bay, had been hired from Nesbitt and said when the job ended he had phoned him to get him to collect it, said Mr Rawlings. The scaffolding was taken down and stored at the yard.
Nesbitt became irate and verbally abusive, pushing Mr Murch into the side of his van. During a scuffle, both fell to the floor and Mr Murch's colleagues Tom Howard and Wesley Stidwell had to separate them. There was then a further altercation during which, the prosecution alleged, Nesbitt went to the rear of his van and raised a scaffolding bar above his head in a threatening manner.
Nesbitt claimed he had gone to the yard because of concern over two unpaid invoices and to get his scaffolding. He denied being angry and said he was told that if he wanted the scaffolding back he would have to write a letter saying it had not been stolen. He claimed he was restrained at the yard and had himself been punched by Mr Murch. The allegation about the scaffolding pole was "a complete lie".
The magistrates found him guilty and said self-defence "was not an issue". Nesbitt had unlawfully pushed Mr Murch and there was then a scuffle on the ground. It could not be established exactly what had happened during the scuffle, as the witnesses' accounts varied, but both Nesbitt and Mr Murch had thrown punches. The bench was unable to say if Nesbitt made threats with the pole.
Read more: Man was assaulted in Roche wood yard dispute | This is Cornwall
Follow us: @thisiscornwall on Twitter | thisiscornwall on Facebook
