There was a commotion outside Magistrates? Court yesterday following the absolute discharge of brothers Peter and John Bromby, accused of assaulting their neighbour Henry Talbot last year, even though a Magistrate found them guilty.

A visibly upset Mr. Talbot said the trial and eventual discharge of the two men was a ?bunch of bulls**t?.

As the Bromby brothers stood some distance away watching, Mr. Talbot told the Press that he was wounded in the stomach by the brothers, who had come to his property on May 16, 2004 and ?cornered him? armed with a pipe and stick.

The dispute in question took place 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.

?There?s no justice. I told the court they injured me. My doctor?s report, my written statement and the photographers were never used in court,? he said.

Another issue raised in court during the trial was the fact that Mr. Talbot had waited three days after the incident ? the same day an article about his illegal activities on the Gilbert?s Bay beach were published in ? before going to Police.

Outside court Mr. Talbot said his wife was there when the female Police officer drove him to the Hamilton Police station after the incident and told him that she would not take the statement from him because it was ?too hot?.

He said she had insisted he return to the Police station after the weekend.

?I told her we were going away and she told us to come in early in the morning, which we did. But she was not there,? he said.

He accused Acting Magistrate Khamisi Tokunbo of being prejudiced.

?Everyone of those black boys who turned around and did something with weapons down in St. George?s were put in jail for years. What? He?s supposed to be the last white hope? That?s bullcrap,? he said.

Mr. Talbot said he would get a lawyer and was planning to take action.

?It will legal and up straight,? he said.

In passing down judgment, Mr. Tokunbo said that he found the evidence given in court by Police was ?unsatisfactory? including the arrest and release of Talbot without charging him.

He said he found it ?incredible? that officers did not testify that the Bromby brothers were carrying a pipe and stick when they arrived on the scene, or that they (the Police) would have told them to put these items down.

?Surely that is something Police would do in any such circumstance?? he said.

Mr. Tokunbo said he was satisfied that he Bromby brothers did not approach Mr. Tablot in a spirit of peace and cornered him and threatened him.

He said he was not surprised that Mr. Talbot had not said anything in his own defence at the time, as he was cornered by two men with weapons who were angry.

He said the Bromby brothers never attempted a lawful citizens? arrest, or simply told Mr. Talbot that he would be detained until Police arrived, but instead resorted to a ?vigilante-style justice?.

?I do not accept that Talbot?s actions provoked the assault which followed,? he said.

Mr. Tokunbo referred to the Bromby brothers? actions as unreasonable and extreme and found them guilty of assault and using threatening words.

After hearing possibilities for sentencing from the Crown counsel Graveney Bannister, who said the Crown was not asking for incarceration because it was ?common assault?, Mr. Tokunbo said he had to take the Bromby brothers? good characters into account.

He said since no injury arose from the assault and the two men were not charged with causing injury, he was satisfied that it was a case of emotion between neighbours and considered it a one-off situation.

Mr. Tokunbo said we live in where people take the law into their own hands and act violently and expected the brothers to set an example and thus did not think a conviction on their record was necessary.

In giving them an absolute discharge he warned them to ?watch themselves?.

Outside court their lawyer, Richard Horseman, said that the brothers were going to appeal against the actual conviction ? even though the charge would not be on record.

?Obviously the Magistrate served a sentence, which is not even a conviction so obviously we?re happy about that,? he said.

He said it did happen that Magistrate found someone guilty but then gave them absolute discharge. ?It does happen, obviously the Magistrate did not want a conviction on their record. He felt it was a one-off situation and it was the only appropriate sentence that could be passed,? he said.