Different recollections allow man to walk free following a dispute in a Queensland retirement village.

Denese Miklos said that the complainant “wanted to throw cupcakes in my face and he missed." The 59-year-old then allegedly assaulted his elderly neighbour, Don Dyson, outside his Oonoonba unit on February 22 this year.

The Townsville Bulletin reported that Dyson claimed Miklos hit him several times with a plastic chair, but he was acquitted after elderly witnesses had different recollections of the incident.

Some said the victim was hit with a shoe, and another claiming he didn't see any weapon used.

Miklos said police "made a mistake" in charging him in the first place, and called one of the witnesses who gave evidence "evil".

Magistrate Peter Smid ruled there wasn't sufficient evidence to charge Miklos with serious assault, and acquitted him after a short trial in Townsville Magistrates Court.