A FARMER was attacked by an "irate" greenhouse owner after he went to dismantle the building in a legal row, a court was told.

Craig Stubbs, 37, hit Gavin Pemberton, leaving him with a reddened face after the two men met up on land in Fence, in March last year, Burnley Crown Court heard.

Stubbs, who claimed he had simply pushed Mr Pemberton who then fell backwards, was later convicted of common assault by Burnley magistrates in his absence.

He then tried to convince a judge he was innocent but his appeal against conviction was dismissed.

Judge Alan Taylor, sitting with two justices, said the bench was satisfied Mr Pemberton was telling the truth.

Jobless Stubbs, of Wheatley Lane Road, Fence, had earlier been given 100 hours community service and had been told to pay £100 compensation by the lower court.

Judge Taylor told him to some extent he was winning, as the court was not going to impose the 100 hours.

The appellant, who had previous convictions for theft, arson and banned driving, was given a 12- month conditional dis-charge instead and told to pay the compensation and £100 costs.

June Morris, for the Crown, said Mr Pemberton was employed by Roger Ryecroft who owned land in Fence.

Mr Ryecroft came to an agreement with Stubbs in which the appellant could use part of his land in exchange for £150 and the appellant helping out on the farm. Stubbs started to erect a greenhouse.

The agreement was drawn up by a solicitor but Stubbs did not sign it. Mr Ryecroft sought legal advice and was told as the appellant had not complied with the agreement, Mr Ryecroft was entitled to remove the partially erected green-house.

Miss Morris said Mr Pemberton was sent to do that and happened upon Stubbs. The appellant threatened to "floor" Mr Pemberton if he touched his property then struck him in the face.

Stubbs, who was not represented, told the court: "No such assault took place. I didn't swear and I was just defending my property.

"There was something other going on. I was being set up.

"I was very careful how I approached him and dealt with the situation."