William Young, of 17 Janes Valley, Limavady, contested the charge of aggravated assault against a boy under the age of 14 at Derry Magistrate's Court on Friday last.

He told the court that he "swore on the life of his only son that he didn't hit anyone". However, District Judge Mrs Bernie Kelly said she "did not believe one word of the defence case" mounted on behalf of Young.

Appearing by videolink, Young's victim - who is now 11 and cannot be named for legal reasons - told the court that he been playing on a green area at Drumceatt Park when Young approached him saying: "I'm going to eat your dog. Fifty bites and she's dead."

The boy told the court he had been playing with wooden sticks, hitting them off bins in the centre of the green as he had "wanted a drum kit for Christmas but didn't get one" when the incident happened on June 25 last.

"After William Young said he would eat my dog, I said 'Come and say that to my face!'. I said it out of anger. William Young came over took a piece of wood from my hand and hit me across the face with it. Then he walked off with his friends and threw the stick away," the boy said.
The boy denied suggestions by the defence that he had initiated the conversation with Young and that he himself had been acting in "loud and aggressive manner" before striking out at the defendant who, the defence said, had threatened to tell the boy's mother about his bad behaviour

Giving evidence, the victim's sister, aged 18, said her brother had been playing drums on some bins and laughing and joking before Young approached with two other men.

She said she asked Young why he had struck out at her brother, to which he replied: "He'll not cheek his elders again" before walking away.
However, it was put to this witness, who again cannot be named for legal reasons, that she was lying and had been inside a nearby house all along and had not witnessed the altercation between her brother and the defendant.

"I'm not lying," she said. "I'm not making it up."

A third witness for the prosecution, Constable Kevin Carlin of the PSNI, told the court that, when he spoke to the boy, he noted "minor redness to the left side of his face".

Speaking in his defence, Young told the court that he visited the pub earlier on the day in question where he had consumed no more than one pint with two friends - one of whom was celebrating his birthday.
He said after this he had gone home to do a spot of gardening before going to his friend's house for a "couple of drinks". The incident with the young boy happened on the way home.

"The wee boy was in the garden of his friend's house - messing about like wains do," Young told the court. "He came out and was messing more. He started throwing the sticks and threw one so that it nearly hit my head. I told him to pack it in or I would tell his ma and he made to hit me in the head. I grabbed the stick off him. I tld him to 'wise up' and walked on," Young said.

Under cross examination from the PPS, Young admitted he had lied to police about how much he had to drink that day - as he was concerned he would be kept in police custody until they deemed him fit for interview.
He also said he had told police that the boy had struck him on the back of the head as a "tit for tat retaliation to what he was saying about me".

"If you lied in police interview," the prosecution asked, "how are we to know you are not lying now?"

"I'm not," Young replied.

A second defence witness told the court that Young had been drinking for a number of hours before the assault and had been tipsy on leaving the pub. However, he denied that the defendant had struck the boy.
Addressing the court, Mrs Kelly said that, having heard two different versions of events from Young himself and then having the "cherry on the cake" of his defence witness telling a third version, she was under no doubt whatsover that Young had carried out the assault.

She recorded a conviction in the case and sentencing was adjourned until December 10 so that a Pre-Sentence Report could be prepared.