AN arthritic pensioner has been convicted of hitting her neighbour over the head with her walking stick.
Shirley Evans, 68, insisted she couldn’t raise her walking stick above her head and hadn’t hit Andrew Hunt during an altercation in Betws Bledrws on 29 June last year.
But magistrates said they accepted evidence from Mr Hunt and his wife that Evans had lashed out with her walking stick following a long-running neighbourly dispute.
Evans, of 3 Bro Deri, had pleaded not guilty to assault and to harassment of Mr Hunt on 27 June.
Magistrates cleared Evans of the harassment charge but presiding magistrate Peter Loxdale said the bench had accepted the evidence of Mr Hunt and his wife Felicity. However, he said they believed that the assault had only been committed as Evans had been reckless.
Prosecutor Kevin Challinor said Mr Hunt had demanded that Evans stop her dog urinating on his property’s gate, but that Evans had laughed at him.
Giving evidence, Mr Hunt said that while he washed off the urine using a watering can containing diluted disinfectant, Evans had told him “don’t attack my dog” before starting to wave her walking stick around. He said he was then hit on the head causing a lump, but said there were no photos of the injury.
Mrs Hunt said she had seen Evans hit Mr Hunt with the walking stick.
The couple also said that they had seen Evans on 27 June made a two-fingered gesture at Mr Hunt and mouth the words “f*** off” claiming that the incident had led to them feeling harassed and upset.
Evans told the court that she had not made any gesture toward Mr Hunt or his wife and said there had been no assault.
She said that she had been walking her dog, but hadn’t got near the Hunt’s property as she had seen Mr Hunt throw a watering can to the floor and seemed angry.
Evans said he had tried to “grab” her which had led to her almost falling before she went back to her home and called the police.
However, Mr Challinor said Evans had made no mention of that in a statement she prepared for the police, but defence solicitor Janem Jones said Evans had said in the statement that Mr Hunt had hit her previously.
Mrs Jones said: “Is it plausible an elderly arthritic lady could swing her walking stick backward and cause a lump. It is incredible to believe they could be afraid of this elderly arthritic woman.”
Announcing their verdict, Mr Loxdale said magistrates had not considered Mr and Mrs Hunt to have been caused harassment, alarm or distress by Evans, but said they accepted the evidence from the prosecution of the assault.
However, Mr Loxdale said that it was considered that the assault could have been on a reckless basis and not deliberate.
Evans was given a conditional discharge for 12 months, but will also have to pay costs of £165.
Magistrates ruled out compensation or a restraining order.