The victim of an assault in Derry has said it was like the 'face of the devil' looking at him, as his attacker was sentenced today.
Declan Smith, 46, from Glenabbey Road, Derry, was charged with assaulting his neighbour, Simon Wells on September 15 last year.
There was a counter-allegation from Smith that he had been assaulted by Mr Wells.
In Mr Wells' testimony, he said there had been noise coming from Smith's flat upstairs at about 10.45pm, so he went to ask him to desist as it was causing distress to his 8-year-old child and had woken his twin babies.
Smith was not in at first, and after going upstairs for a second time he asked him to 'keep the noise down' and was told to 'go f**k' himself.
The court heard when he asked him to 'just keep it down', Smith grabbed him by the neck and was grinding his teeth in an 'aggressive and confrontational manner'.
He described seeing a 'face of pure evil' like the 'face of the devil looking at you'.
The injured party said that during the incident he hit his arm on the door and his t-shirt was ripped.
Mr Wells said that as he was pulled inside he noticed a screwdriver and hammer and knew he 'had to escape'.
He claimed he has been fearful ever since the incident.
Defence solicitor Paddy MacDermott said Smith had been fixing his door which had been kicked in by police.
He questioned Mr Wells about whether he had been angered by the noise and language used by Smith.
The injured party said he wasn't, and just tries to keep himself to himself.
A police constable appearing at Derry Magistrates Court said she attended the scene on September of last year.
When speaking to Mr Wells, she described him as being 'visibly shaken' at the time.
She confirmed the damage to Smith's door and said there was a smell of alcohol on his breath, but he was capable of conversing.
Interview transcripts were read out in court, in which Smith said he 'was not a violent person', but admitted to verbally abusing Mr Wells.
Immediately after the incident, Smith made a complaint, which he then withdrew.
When he heard Mr Wells had made allegations, he then made counter-allegations.
Smith, who has two children of his own, said that he had gone to his home to fix the door which had been 'kicked in by police'.
He explained how he was a recovering alcoholic; he said he had been drinking that day and brought a few cans of alcohol with him to drink as he worked on the door.
District Judge Paul Copeland said: "You weren't in the shape for DIY then."
Smith recalled Mr Wells coming up and asking him to desist, then he told him to go 'f**k himself' as he was walking away.
The defendant claimed Mr Wells then ran upstairs and 'rugby tackled' him to the ground and he held on tight to protect himself.
After a struggle, he said Mr Wells got up and walked out.
Smith said that as a recovering alcoholic at the time, he was just eight stone, and Mr Wells was the bigger man.
He accepted that he had antagonised Mr Wells, but denied assaulting him and claimed the injured party was 'lying under oath'.
A representative for the PPS questioned inconsistencies in Smith's version of events during interview and his level of intoxication on the day in question.
Judge Copeland found Smith guilty of common assault and he was sentenced to a two year discharge.
He was also ordered to pay £300 in compensation to the victim.
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