The Crown asked a provincial court judge to acquit Mary Onufreychuk Wednesday after she testified she had no interaction with the neighbour she was accused of stealing from and assaulting.
Judge Stella Frame found Onfreychuk not guilty of assault and theft under $5,000.
On Tuesday, Lynn Burgess claimed Onufreychuk came home March 31 last year and immediately began screaming and throwing things around her yard.
Burgess said Onufreychuk then swore at her, ripped out her landscaping and pushed her on the pavement.
The dispute was characterized by the Crown as a neigbourhood dispute.
But Onufreychuk, a 36-year-old medical receptionist, testified she avoids Burgess and has only spoken to her on one occasion, asking her to get off her property.
On earlier occasions, Burgess pleaded guilty to slashing Onufreychuk's tires and was found guilty of assaulting her on another.
After the decision, defence lawyer Richard Begin said his client was mischaracterized by Burgess.
"There was no basis for the charge once the evidence was in," Begin said in an interview.
Both Onufreychuk and her spouse testified they came home that afternoon and noticed tar from Burgess's driveway sealing had squirted under their fence. They cleaned it up, but never talked to their neighbour.
Sometime later, RCMP showed up after Burgess claimed Onufreychuk charged over to push her. The Crown alleged she also ripped out landscaping dividers -allegations that Onufreychuk said never happened.
© Kamloops Daily News