A TREE surgeon revved a chainsaw and pulled an axe from his shorts during a heated row after he fired a stone through his neighbour’s window with a catapult.

Donald Herlihy, 52, grabbed a chainsaw from his van after he was confronted by a furious neighbour in June last year.

Ipswich Crown Court heard he had fired a small stone from a catapult he used for fishing, which smashed through his neighbour’s window.

Lori Tucker, prosecuting, said the neighbour was upset about the smashed window, particularly as he had children in his home, and a row became heated.

Herlihy produced an axe from the back of shorts, while the neighbour told him to “get into an alleyway” so they could fight.

Ms Tucker said: “At that, the defendant went to his van parked nearby, picked up a chainsaw, turned it on and began revving the blade.”

The neighbour retreated into his home and called the police, with call handlers hearing the sound of the revving chainsaw in the background.

After his arrest, Herlihy told officers he had feared for his safety and he thought his neighbour was “the aggressor”.

Ms Tucker said: “Whatever the rights and wrongs of the earlier situation, it is quite clear [the neighbour] retreated into his address and didn’t re-appear, even though the defendant was outside behaving in a very aggressive manner.”

Herlihy, who has seven convictions for ten offences, admitted a charge of threatening behaviour with intent to cause fear of violence.

Lynne Shirley, mitigating, said her client worked as a tree surgeon among other specialities and used the catapult for work.

But she said he was “messing around” with it on the day in question, firing around 15 small stones and accidentally hitting his neighbour’s window.

Ms Shirley said Herlihy’s neighbour was abusive and threatening towards him and her client feared he would be attacked.

Judge David Pugh sentenced Herlihy, of Smiths Field, Colchester, to 14 weeks imprisonment, suspended for one year.

He must carry out 150 hours of unpaid work.