Darren McCormick was cleared of an assault charge.
A 35-year-old businessman accused of leaving a farmer ‘in fear for his life’ after he allegedly shouldered him following a Twelfth parade has been cleared of an assault charge.
Jim Keys accused Darren McCormick from Greenhill Road in Brookeborough of deliberately ‘shoving’ into him causing him to spin around after the pair passed each other on Main Street in Ballinamallard this year.
Mr Keys claimed that he was left ‘scared’ and ‘defenceless’ after the accused ‘clenched his fists’ at him.
The alleged incident between the pair is just one of a long line of alleged incidents which arose out of a £5.1m farm land sale which went cold after Mr Keys backed out of a contract to sell his land to McCormick.
The defendant, who has known Mr Keys for approximately ten years, put down a deposit of £125,000 to buy the alleged injured party’s land as well as doing silage work on the farm land.
However, Mr Keys claimed that McCormick’s ‘attitude changed’ after the contract was signed and that a change in his financial situation forced him to call off the deal between the pair.
When McCormick asked for his deposit back it appeared that Mr Keys was reluctant and the accused ‘threatened’ to take him to court if he continued to refuse him the deposit money.
The total amount handed back to the defendant rose to £184,000 which included legal and farm labour costs.
Defence counsel Conor Gillespie said this angered Mr Keys and accused him of having a vendetta against his client and this was an example of Mr Keys ‘getting his own back’.
Both Mr Keys and McCormick had been attending the Twelfth of July parade in Ballinamallard when the pair unknowingly passed each other in the street.
Mr Keys alleged that the accused shouldered him in a threatening manner.
However the defendant denied this saying that he didn’t see Mr Keys and although he admitted they made contact, it was not purposeful.
Mr Keys sat in court was with his wife Marilyn – who was with him at the time of the alleged incident – while McCormick sat at the other side of the public gallery.
Giving evidence in court the defendant said: “We bumped into each other and both spun around and then he pointed his finger at me saying that he would ‘get me’ so I just shrugged my shoulders and said that’s your prerogative.
“There were a number of previous incidents including one at Clogher Mart when he poured a cup of tea over a table where me and my children was sitting.
“I didn’t report any of these to the police because I was hoping that time would be a healer.”
He accused Mr Keys of calling him and his children smelly dirty bastards as well as telling an employee of McCormick’s that he would ‘dance on his grave”, allegations which Mr Keys denied.
District Judge Nigel Broderick highlighted the bad history between the defendant and the alleged injured party.
He said: “I have to ask myself what happened there. There was a common case that there was contact made but it’s whether it was purposeful. ‘
“Was it an act of aggression by the defendant or just an accident.
“The defendant on his part gave a straight forward credible and reliable statement and I would have doubt of whether it happened in the manner of how it was reported.
“I would give advice to both. Give each other a wide birth and if there is further incidents between you two report it to the police.”
To read more.. Subscribe to current edition
Receive quality journalism wherever you are, on any device. Keep up to date from the comfort of your own home with a digital subscription.
Any time | Any place | Anywhere