Man cleared over London Colney neighbour assault
A MAN has been acquitted of assaulting his girlfriend s neighbour after a dispute over noise escalated into conflict. St Albans Magistrates found Tim Eamer, 29, of Gorhambury, not guilty of attacking Carl Clark at his flat in Norris Close, London Colney,
A MAN has been acquitted of assaulting his girlfriend's neighbour after a dispute over noise escalated into conflict.
St Albans Magistrates found Tim Eamer, 29, of Gorhambury, not guilty of attacking Carl Clark at his flat in Norris Close, London Colney, at a trial on Friday.
The court heard that there had been a long-running dispute over noise issues between Mr Eamer and his partner Sarah Powell, and Mr Clark and his wife Sharma, who lived below with their young daughter.
Prosecutor Harry Snook said that on September 19 last year there was a banging noise coming from Ms Powell's flat and Mr Clark had retaliated by bashing on a wall in his property.
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A verbal dispute broke out between the pair and it was alleged that a glass bottle was thrown at Mr Clark, who was standing in the garden below Ms Powell's window when the exchange took place.
Both claimed that the other shouted obscenities and antagonised the situation, and the police were called by Ms Powell and Mrs Clark.
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Mr Eamer, who was heading to a friend's house ahead of a family barbecue, received a hysterical phone call from Ms Powell, with whom he has two children, and headed over to her flat which she has since left.
But he left his friend to console Ms Powell while he went to the Clark's flat and a scuffle between him and Mr Clark ensued in the hallway.
Mr Snook alleged that Mr Eamer, who had seen the police heading towards the property, barged his way through the door and grabbed Mr Clark around the neck before punching him on the side of his face.
Mrs Clark, who witnessed the tail-end of the fight and claimed that she saw Mr Eamer's hand coming away from her husband's throat, managed to separate the pair ahead of the police arriving moments later.
In a statement read to the court, the attending officer said he saw reddening on Mr Clark's throat and he arrested Mr Eamer on suspicion of assault.
Giving evidence, Mr Clark said he needed anti-depressants as a result of the incident which has also left his daughter suffering from nightmares.
But in defence, Sohail Bashir, told the magistrates that Mr Eamer was trying to resolve the situation when Mr Clark lunged at him before punching him on the nose, causing it to bleed.
In the stand, Mr Eamer insisted that he had never punched anyone in his life and said that he had gone the Clark's flat focussed on mediation.
It was also heard that Ms Powell, who was seriously ill at the time, was left suffering from a panic attack and requiring medical assistance.
The magistrates, chaired by Karl Lawson, said that the incident had clearly been distressing for all parties involved.
But the conflicting accounts of the incident meant that they could not be sure that an assault took place and Mr Eamer was found not guilty.