A landlord accused of assaulting his former tenant was found not criminally liable for his actions in the Magistrates' Court yesterday.

George Reginald Simons, of Glebe Road, Pembroke pleaded not guilty to the charge of assaulting David Phillipson on June 12.

The 64-year-old man was accused of beating his former tenant about the face and neck with a piece of wood which he was carrying from his workshop.

Simons told the court he became enraged after being insulted by Melissa Sousa, a guest of his tenant, who was fighting with her husband in the parking lot.

But he denied assaulting Phillipson when he approached "waving his hands in the air and hollering''.

"I thought he was going to kill me,'' Simons said when asked by defence counsel Victoria Pearman if he felt threatened by his tenant's behaviour.

Simons stated he was unable to see if Phillipson was carrying any object because he suffers from glaucoma and cataracts in his eyes.

Simons' wife, Audriel Simons, testified she had taken her husband inside their house after alerting the Police to the disturbance in the parking lot. She said she did not see her husband strike his former tenant.

The defence counsel suggested the injuries allegedly sustained by Phillipson were not the result of an assault by Simons, but occurred during an argument between the complainant and Mrs. Sousa earlier in the afternoon.

Simons admitted his relationship with his former tenant was strained and he had twice given Phillipson notice to vacate.

Referring to Phillipson and his friends, Steven and Melissa Sousa, Simons said: "They had threatened me and my wife on several occasions, but not on that day.'' He also testified that he had called the Police some 25 times as a result of disturbances caused by his former tenant and guests in the past.

Simons also alleged he had received a phone call from the complainant last Friday.

"Mr. Phillipson said he would not testify in this case about me attacking him if I withdrew the civil suit against Steven Sousa for cutting my car tyres,'' he said.

In his verdict, Magistrate Archibald Warner said he was satisfied that Simons did assault his former tenant, but his actions were the result of provocation on the part of Phillipson.

"The history of the parties and the actions of the complainant caused the defendant to lose his self-control and induced him to assault the complainant,'' Mr. Warner said. "There is no evidence to suggest that the force used was intended to cause the complainant death or grievous bodily harm.''