A judge has dismissed four charges against a man after saying there was a "deep hostility" towards the defendant from some of those giving evidence.

A contest took place on Monday at Enniskillen Magistrates Court concerning an incident which is alleged to have occurred at Ports Road, Lisnaskea on July 17, 2021.

Stuart Johnston (57), with an address of Ports Road, Newtownbutler, was accused of three counts of common assault, and one of attempted criminal damage. He denied all four charges.

At the contest on Monday, evidence was heard from three alleged injured parties – Brian McWilliams, his wife Violet, and John Fleming.

On the night in question, Mr. McWilliams said he had gone to his son's house at Ports Road, with his wife, to feed hens and put in dogs while his son was on holiday.

He said after this, they took a drive down Ports Road to have a look at some new barriers that had been erected. There is an ongoing dispute about access to Lough Erne at the end of Ports Road.

After looking at the barriers, Mr. McWilliams said he began reversing the car as there was nowhere to turn, and as they pulled into a layby, they were blocked in by a white van, out of which Johnston and his son got out, the court heard.

Mr. McWilliams said Johnston approached the car and was "raring to go", and they were very frightened. Johnston got back in his van and reversed out of the layby a small bit.

Mr. McWilliams called a neighbour, John Fleming, who came down in his pickup, and Mr. McWilliams got into it with him.

While in the pickup, he alleged Johnston got out and shouted that he would break the headlights if they were not dipped, called Mr. McWilliams a "fat bastard", and hit the driver's window.

Mr. McWilliams also said Johnston claimed there was a shotgun in the pickup, which Mr. McWilliams said was not true, the court heard.

During cross-examination, Johnston's barrister, Craig Patton, brought up the ongoing dispute regarding lough access and claimed that the Johnston family were victims of harassment because of it, as well as other criminal cases in which they were victims.

He asked Mr. McWilliams if he was aware of this, as well as reported criminal activity at the lough shore, and the recording of suspicious activity, to which the witness replied that he had not heard.

Mr. Patton then asked if the witness had been down the road to the barricade, to which Mr. McWilliams replied that he is entitled to go back down it as it is a public road. He added he did not have anything to do with the defendant; he just drives past his property.

Mr. Patton then showed photos which appear to show Mr. McWilliams and Mr. Fleming at the barriers blocking access to the lough, and of the witness peering through the barriers.

Mr. McWilliams denied knowing about any reports made to various agencies about the Johnstons.

Mr. Patton put it to Mr. Williams that at no time was he blocked in, at no time did Johnston get to his wife's side of the car, and at no time was Johnston red-faced and put him in fear.

Instead, Mr. Patton said, Johnston asked what you were doing and claimed you had been shining lights into his house for 10 minutes.

Next to take the stand was Mrs. McWilliams, who said much the same as her husband about what happened after they left her son's house.

She said she felt scared and "thought he was going to attack for no reason other than being on the road".

However, during cross-examination, she said she had spoken to her son in the house on the night in question.

Mr. Patton also put it to her that Johnston could not get to her side of the car because there was no space in the layby to do so.

However, Mrs. McWilliams said Johnston had come round to her side before going to the driver's door and pulling it open.

She said they were driving down to the barriers as her husband said something about them being closed off, but she did not know anything about it.

However, Mr. Patton pointed out that in her statement to the police, Mrs. McWilliams said they were driving down to see what had happened as there had been an incident [at the barriers].

Mrs. McWilliams said on several occasions that she did not get involved or talk about what was going on at Ports Road.

Mr. Fleming was the third witness before the court, and he gave an account of what happened after he got the phone call from Mr. McWilliams and he went to help.

He said he saw the car in a stone layby, and a vehicle in the middle of the road with full headlights on.

Mr. Fleming said he spoke to the McWilliams, who seemed "shocked, especially Violet, about what happened".

After this, he and Mr. McWilliams got in the pickup and drove 100 yards down the road to the other vehicle, the court heard.

He said Johnston got out "looking very aggressive", shouting and roaring, calling Mr. McWilliams a "fat bastard", and saying "your time's up".

Mr. Fleming said he was really frightened, and had never come across anything like that at Ports Road in his life.

The ongoing blockade was again brought up, and Mr. Fleming said he was not very happy with it, "like many people".

He said he would have used the road all his life for farming, and stated on several occasions it was a public road.

The same photos were shown to Mr. Fleming as had been shown to Mr. McWilliams, which Mr. Fleming said were not of the best quality to be saying who was in them.

Mr. Fleming also said he did not know of any claims of harassment against the Johnstons.

A Constable Foley also gave evidence, and said he was the neighbourhood police officer for the area and was very familiar with it.

He was aware of reports of criminal activity at the shore, and of claims of harassment and other incidents against the Johnston family.

Following the conclusion of the prosecution's witnesses, Mr. Patton called on the court to dismiss the charges as the "evidence before the court is inherently weak and unreliable".

He said it did not support a conviction, and was made up of "inconsistencies and mistruths".

He pointed out Mr. McWilliams' saying his son was on holiday, but his wife said she spoke to her son in the house.

There was also a differing account of where Johnston's van was parked when Mr. Fleming pulled up, with Mr. McWilliams saying it was a short bit out of the layby, while Mc. Fleming said he drove 100 yards down the road to the van.

Mr. Patton said Mrs. McWilliams' claim about Johnston pulling open the driver's door was not in her police statement, and that on the whole, the evidence was too inconsistent.

The prosecution argued that evidence would be criticised for being inconsistent, and if it was too similar it would also be criticised, and you cannot cherry-pick certain parts as the defence had done.

Deputy District Judge Trevor Browne said that unless evidence is well-rehearsed, there will be inconsistencies, but he had formed a very clear view that the evidence was "drawn from a deep well of poison" and "clear hostility" towards the Johnstons.

He said he believed what he had been told was a pack of lies, and the only credit was Mrs. McWilliams, who he said was possibly the "most reluctant prosecution witness I have ever seen".

Judge Browne noted that Mr. Fleming had said 'public road' several times in his evidence, and it was his clear view it was evidence given through "a kaleidoscope of deep resentment".

He dismissed the charges against Johnston.