Judge Paul Kelly dismissed an assault charge against John McGlynn.
A farmer walked free from court after he was found not guilty of assaulting his elderly uncle in a row over land and sheep.
John McGlynn, 40, appeared at Letterkenny District Court charged with assaulting Charles McGlynn after it was claimed he was punched several times.
John McGlynn, from Curraghmone, Ballybofey had always protested his innocence and denied the single charge.
The court heard from both men at the centre of the dispute as well as from retired Garda Eugene Drum.
An altercation between the two men took place on October 15th, 2014 at Curraghmone, Ballybofey.
Charles McGlynn said he had driven past his nephew John’s house and had noticed there was up to 15 sheep on the road.
As he went towards a cottage which he owned close to his nephew’s home, Charles McGlynn came after him on a quad.
He then alleged that John McGlynn had accused him of opening gates and allowing his sheep out.
He then alleged that his nephew then reached through the open window of his Audi A4 car and struck him with at least four punches to the chest.
Mr McGlynn senior also alleged in a statement to Garda Eugene Drum that his nephew had pull his tie.
Charles McGlynn, who now lives in Dundalk, made a number of allegations including one that his nephew allowed his sheep into his cottage and that they had destroyed a new floor which he had put in it.
However, this was denied by John McGlynn who said that these sheep belonged to other men who took land in the area.
He said that the row went back a number of years and concerned land left to him by his father claiming his uncle had pressurised his father into selling him a cottage and other land.
He said that any time there was a family function and Mr McGlynn senior took drink, he always tried to rise him.
John McGlynn denied that he could not have been able to strike his uncle as the gap between the driver’s window was only a couple of inches.
He admitted in cross-examination by Garda Inspector Goretti Sheridan that he was enraged by his uncle but said he did not strike him.
Judge Paul Kelly said that he found it impossible to reconcile Mr Charles McGlynn’s evidence noting that he alleged he was struck several times, that it would have been difficult to strike someone through the car window and that he was also awaiting to have an MRI scan despite no claims that he was struck in the head.
He said he simply found that there were a number of inconsistencies in his evidence.
However, he said he did find the evidence given by the alleged attacker, John McGlynn, as being clear and coherent.
He then dismissed the charge of assault against John McGlynn said he did not believe any assault as described took place.
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