Magistrates' Court yesterday while the victim said he was surprised the incident made it to Court.

Kenneth Outerbridge, 29, of Fenton Lane Drive was fined $500 for assault and uttering threatening words in January of last year.

The incident involved, veterinarian Dr. Jan Ceiters, who operates the Hanover Vet Hospital on North Street in Hamilton.

Crown counsel Shade Subair said the assault occurred after Outerbridge went to the clinic to get his dog and Dr. Ceiters refused to release the animal until Outerbridge paid his bill.

The Court heard that the pair was arguing outside the clinic when Outerbridge wrapped his hands around Dr. Ceiters' neck and said he should not try to stop him.

According to Ms Subair another customer came to the vet's aid and the two retreated to the office to call the Police while Outerbridge walked into the kennel holding area.

When Dr. Ceiters followed Outerbridge into the kennel, the argument resumed and Outerbridge swung a nearby can-opener at him.

The Court heard that Dr. Ceiters suffered scratches to his throat, stomach and biceps.

Outerbridge told Senior Magistrate Archibald Warner: "He didn't want to give me back my dog.

"He started calling me racial remarks so I swung a punch at him and tried to knock him out, and that's that.'' Mr. Warner said: "That is not that,'' and asked Outerbridge if he struck the vet.

Outerbridge said: "It could have happened. I was mad at the time but we were fighting -- I was trying to defend myself.'' He conceded the vet did not have a weapon but said the vet was hostile and was blocking the doorway.

Last night Dr. Ceiters expressed surprise that the case went ahead, explaining that he had dropped the charges against Outerbridge about two months after the incident took place.

Asked if he felt the fine meted out was sufficient, he said "yes'' but insisted he did not want to make any further comments on the record.