Kennedy Simmons, 32, was charged in Magistrates' Court with attacking Stanley Wade on October 1 last year in Wade's grandmother's garden in Somerset.

The altercation took place after Wade had dug up the broccoli Simmons had planted in the garden.

Simmons was found not guilty of assault occasioning bodily harm yesterday. And he told his court case it was Wade who attacked him.

Wade told the court he was ploughing the garden with an electric plough when Simmons came to drop off a birthday cake to his friend -- Wade's cousin -- who lives in the house.

"I wasn't really paying attention to him,'' said Wade. "He got in his car and left the property.'' The court heard that Simmons, of Soundview Road, Sandys Parish, returned later when Wade was weeding the garden.

Wade claimed last Thursday in court that Simmons approached him from behind, demanding to know what had been done with his broccoli.

Wade said: "He asked me why I'd pull out the plants he had planted and I told him he had his own family property to plant on.'' He said he then felt "a blow to the back of the head'' which knocked him to the ground.

Wade added: "Before I could do anything, I was down on the ground and he punched me in my face and my chest. "After that I picked up a cane stick that was holding up a tomato plant to defend myself and keep him off.'' Wade said the fight moved from the garden to the grass and that Simmons punched him in the face and knocked him down again.

"I don't like to fight,'' he added. "I got beaten up over the vegetables.

"My mother told me I could plant in the garden. I didn't think it was right for Simmons to do as he liked there.'' Wade said he suffered a cut above the nose, facial swelling, a busted lip, and chest pains.

But Simmons' defence lawyer Michael Scott argued that Wade had started the fight, unprovoked.

Simmons told the court that although he had planted on the land for "years and years'', Wade had come to his job at Robinson's Shell Station to threaten him a few days before the garden incident.

Simmons said: "He said if he found any plants on this particular plot of land he wouldn't be responsible for his actions.'' And Simmons claimed it was Wade who threw the first punch in the garden.

"On my arrival he looked up, acknowledged I was there and came towards me,'' said Simmons. "At that point I asked him about the broccoli plants.

"I was merely asking what happened to the plants when he swung at me.'' Simmons also claimed Wade smashed the cane stick across his face during the scuffle.

Magistrate Arthur Hodgson said he could not decide whether he should believe Simmons or Wade.

Clearing Simmons, he added: "There is no obvious reason I should believe one story from the other.''