A 35-YEAR-OLD man accused of spitting at a flute band member before a Royal Black Preceptory parade in Newtownbutler last summer has had the case against him dismissed.

Gary Johnston, of Aghagay Park, Newtownbutler, had strenuously denied unlawfully assaulting Andrew Kerr on August 5, 2017.

Both Mr. Kerr and his brother, Derek, gave evidence at Fermanagh Magistrates Court on Monday that Mr. Johnston had deliberately spat in his direction on the morning of the parade.

But as there were no independent witnesses to corroborate the allegations, district judge, Nigel Broderick, observed he would give the defendant the benefit of the doubt and dismiss the charge.

During the contested hearing, the alleged victim, a member of Newtownbutler flute band, told the court that he had parked his jeep in the Border town and was preparing to get out when the defendant pulled up alongside in a Ford Transit van, rolled down the window and spat in his direction.

Mr. Kerr alleged that he had been left feeling “quite threatened and intimidated” by the incident, which he later reported to two police officers who were stationed close by.

Neither officer saw the alleged incident, the court heard.

During the course of giving his evidence, Mr. Kerr confirmed that he had known his alleged assailant for some 15 to 20 years.

He alleged that Mr. Johnston was a member of a local residents’ group involved in protesting against parades in the area.

The defendant later denied that he was a member of any residents group, adding: “I’m just a resident.”

When defence counsel, Barry McKenna, put it to Mr. Kerr that what he had told the court was untrue, the witness insisted that, as a Christian, he had given “sound, accurate and honest testimony”.

“I’m happy to put my hand on the Bible,” he added.

His brother, Derek, who also gave evidence, told the court that he had witnessed the defendant spitting at his brother.

However, he claimed that the incident had taken place as his brother had been getting out of his jeep, not when he was still sitting in the driver’s seat.

After the prosecution case had ended, Mr. Johnston took to the stand and denied that there had been any spitting incident.

He accepted that he had driven through Newtownbutler that morning, but said he had been collecting pheasants.

While he recalled seeing Derek Kerr standing on the pavement, he told the court that he didn’t even see Andrew Kerr on that morning.

During cross-examination, Mr. Johnston confirmed that his brother was in the van with him at the time of the alleged incident but had never made a statement to police to clarify what had happened.

In dismissing the common assault charge, district judge, Mr. Broderick, observed that the allegation had been made against the background of a history of animosity and tension between the alleged victim and the defendant, within the context of parades happening in Newtownbutler.

He said it was “essentially one version against the other”.

Pointing to discrepancies between the evidence given by the Kerr brothers, the judge also noted that the defendant had at all times denied such an assault.

In the absence of any independent corroboration, Mr. Broderick dismissed the charge.