Tony Mallon appeared before Swansea Crown Court in relation to their long-running row with his neighbour Bobby Vijay
A judge told two rowing neighbours he wanted to ‘knock their heads together’ after a 20-year dispute over a driveway that resulted in one allegedly pinning the other against the wall with a JCB.
Tony Mallon appeared before Swansea Crown Court over a long-running row with his neighbour Bobby Vijay – but the prosecution failed to offer a case and a non-conviction restraining order was imposed instead.
Mallon, 55, had denied assault occasioning actual bodily harm, and a racially-aggravated public order matter which relates to a separate alleged incident between the men some 10 months later.
But at the second day of a trial, the jury, under Judge Peter Heywood’s instruction, found him not guilty of both charges.
The men owned neighbouring plots of land in Glanamman, Carmarthenshire, and the conflict between the pair revolved around the issue of a right of way.
Mr Vijay bought a plot of land and built a number of houses and bungalows on it.
He was granted a right of way across the neighbouring plot, which was later bought by the Mallon family, to allow him access to the adjacent main road.
Relations between the families were initially cordial, but the relationship soon deteriorated over the right-of-way access, and the court heard that police had to be called on several occasions.
Mr Vijay alleged that on July 9 last year he was on the disputed driveway when he heard a digger ‘revving’.
He claimed he saw the digger, being driven by his neighbour, coming down the drive towards him.
The court heard Mr Vijay’s account that he had ‘jumped out of the way’ of the machine which missed him ‘by a couple of inches’ – the digger then stopped and reversed towards him, pinning him against the wall, he claimed.
Summing up the case, Judge Heywood added: ‘Why, in the 21st century, can’t two grown adults come to a reasonable agreement.
‘This has been going on for 20 years and I would like to have them both together and knock their heads together.
‘I’m going to be making a restraining order. It does not result in a conviction but I hope it helps avoid a repeat.’
The ruling came after the prosecution offered no evidence against Mallon, with parties instead agreeing on a non-conviction restraining order.
That decision followed a long period of discussion which ‘tested Judge Heywood’s patience.’
Mallon, 55, had denied assault occasioning actual bodily harm, and a racially-aggravated public order matter which relates to a separate alleged incident between the men some 10 months later
Addressing the jury, he said: ‘I would like to thank you for your patience, it has been tested to the limit, and so has mine.’
Prosecutor Rhys Thomas reiterated his apologies about the delay.
He said: ‘The prosecution will be offering no evidence against Mr Mallon and instead a non-conviction restraining order.’
Making his judgement, Judge Heywood added: ‘The legal situation should be respected and the time of Dyfed-Powys Police or the courts should not be wasted.
‘The restraining order will be in place until further order. It’s unfortunate you can’t resolve these matters and live side by side in peaceful harmony.
‘If there is a breach of the restraining order I will have no reservation to put you in custody. This is a warning shot across the bows.
‘I don’t want Dyfed-Powys Police to be at your and Mr Vijay’s beck and call.’