Neighbour dispute over noise ends in attack with steel bar
AFTER a decade-long simmering dispute over noise, Victor Linares took photos of his Burua neighbour as he drove by but then lost his temper when Steven Pool gave him the finger.
Linares, 71, stopped his car, grabbed a steel bar and yelled, "I'll get you".
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Prosecutor Senior Sergeant Estelle Carnes told Gladstone Magistrates Court that Linares rushed toward Mr Pool who, in fear of being attacked, retreated and grabbed a golf club.
However, the blow by Linares did not connect and he was wrestled to the ground.
"The attack was ineffectual. He did try punching him and did try scratching and clawing at his face."
Police were called by a friend of Mr Pool's, and Linares admitted what he had done.
"He said that he was so mad that he lost his mind," Snr Sgt Carnes said.
"There is definitely a history between the pair. The court must read between the lines."
Magistrate Penelope Hay said Linares was a gentleman of 71 years with no criminal history of any kind after living in Australia for 41 years.
Defence lawyer Jun Pepito said French-born Linares arrived in Australia in 1974.
While living at Burua in 2005 his wife died from cancer.
Linares pleaded guilty to trespass at a Chamberlain Road property on October 24 last year.
A more serious charge of assault causing bodily harm when armed was withdrawn by police and dismissed after extensive case conferencing between all parties involved.
"You are usually a law abiding citizen and from the circumstances of the case it is apparent that there has been some history between you and your neighbour," Ms Hay said.
"From the facts why else would you be photographing your neighbour as you drive past.
"That does not excuse you from going onto his property. A poor decision on your behalf."
He should have simply driven past and avoided having such a scuffle, she said.
She was satisfied he had an otherwise exemplary history and a 12-month good behaviour bond, with a recognizance of $600 was appropriate.
"It is a reminder to you to conduct yourself in a gentlemanly fashion, turn the other cheek," Ms Hay said.
No conviction was recorded.
Steven Pool requested a Peace and Good Behaviour Application for 12 months which Linares agreed to.
The lawyer for Mr Pool, Stacey O'Gorman, sought the application stating Linares on another day "made a threat to a third party to shoot my client".
Outside Gladstone Courthouse, Mr Pool said he did not want to comment about the matters.
However, Linares was pleased to explain what had been left unexplained in the courtroom, that is, why he lost his temper over his 50-year-old neighbour.
A forthright Linares said while living next door he was subject to more than a decade of engine noise coming from his neighbour's work shed where he repaired many cars.
"He upset me when my wife was dying at home from cancer in 2005," Linares said.
"The noise was terrible. We couldn't leave a window open because of the smoke and noise when she was dying
"We served him with a letter to stop and he agreed. But he didn't. She never died in peace."
Linares said that over the ensuing years the noise "brings the back the memories of my wife".
Since the fight the disputes have stopped.