John and Peter Bromby will be appealing the judgment in Magistrates? Court this week when they were found guilty of unlawful assault and using threatening words against Henry Talbot ? despite the fact that they were given an absolute discharge.

The dispute in question took place on April 16 last year when the brothers discovered that Mr. Talbot was bulldozing natural rock formations on the Gilbert?s Bay Beach in Somerset and using the boulders to block the Bromby family?s access to the beach, as well as lowering the high-tide watermark, effectively increasing his property.

The Bromby family has since filed a writ regarding the property dispute and plan to continue with an appeal of this week?s judgment in the interim.

On Wednesday, Acting Magistrate Khamisi Tokunbo told the court that he did not accept that Mr. Talbot?s actions provoked the assault which followed and found the Bromby brothers? actions unreasonable and extreme.

Mr. Tokunbo said the brothers did not approach Mr. Talbot in the spirit of peace, but cornered him and threatened him while holding a pipe and stick.

On these grounds he found them guilty.

However, because of the men?s good character and standing in the community, he gave them an absolute discharge.

?Do I look guilty to you?? Peter Bromby asked during an interview with yesterday. He said they would appeal the judgment because their reputations had been ruined.

The brothers were adamant they never assaulted Mr. Talbot, despite his claims in the Press to the contrary.

?If we had assaulted him, why would he not tell the Police or why did he not say so on the stand?? Peter Bromby asked. The brothers submitted a Police statements from Mr. Talbot which had been taken by Police officer Jermaine Yusef Tucker at the Somerset Police Station on September 14, 2004.

However, there were two copies of the statement. One, not submitted in court, included the words: ?I asked Mr. Talbot if he sustained any injuries from this assault and he informed me that he did not.?

?This part about not being assaulted disappeared from the statement that went to court,? he said.

Police spokesman, Dwayne Caines said yesterday that the Police Service did not comment on evidence that was given in court or verdicts that were handed down by the courts.

Meanwhile, the Brombys and Talbots remain neighbours, a situation which the Bromby brothers said was anything but easy.

?I want to take my little girl down to the beach for a swim, but there?s this situation that this man will come down there and harass us, which is something he has done in the past,? Peter Bromby said.

He said it saddened him because only months before the incident concerning the property rights occurred, he had to ?pull his neighbour? off Mr. Talbot because of some issue he had with Mr. Talbot.

Three months later, he said, he found himself in a similar position. In the spirit of laying down the battle axe, Mr. Bromby said they could never go over to Mr. Talbot, shake hands and ?call it a day? because he (Mr. Talbot) was ?psychotic?.

He said previous to the incident on the beach, things had been very different between the neighbours. ?I would see him, we?d have a beer together, that was the type of relationship we enjoyed before that date,? he said.