A man who last year took a noise nuisance action against his neighbour, Circuit Court Judge Michael White, was yesterday convicted of assaulting another neighbour.
Kevin Treacey, an engineer from Park Lane, Chapelizod, Dublin, was given the Probation Act because the assault, a push, was of a minor nature, Judge Michael Connellan ruled.
In March last year, Mr Treacey was ordered to pay €1,500 legal costs of an aborted noise nuisance action against his next door neighbour, Judge White. Mr Treacey had claimed he suffered nuisance from Judge White's children playing their musical instruments.
He withdrew the complaint before it went to hearing saying the nuisance had abated since the court case was initiated. He was ordered to pay the legal costs of the action because he failed to turn up in court to say he was doing so.
Yesterday's case arose out of a dispute over local children playing football outside the Treacey home in April last year, shortly after the noise nuisance action had finished.
Dublin District Court heard Mr Treacey went out three times to ask them to move away when the ball hit the wall of his house. The children, including two whose mother was the injured party, Mrs Gabby Skinner, had to play on the street because there were young people drinking in the only other area available.
The ball eventually hit one of Mr Treacey's windows, and he went out and picked the ball up. Mrs Skinner asked for the ball back and during the confrontation, she was pushed by Mr Treacey, who denied touching her.
Judge Connellan said: "As far as I am concerned, I am satisfied there was an assault on Mrs Skinner, but it was of a very technical nature." The judge granted leave to appeal saying that even though there was no penalty, the Probation Act was still a criminal conviction.