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A 23-year-old bank manager who attacked a man with a metal pole escaped a prison sentence when he appeared before Maidstone Crown Court.
Daniel Thompson, of Linden Road, Gillingham, was sentenced to 240 hours community service for what a judge described as “a pretty disgraceful affair”.
The court heard of his promising career with a High Street bank. Juliet Oliver, defending, said he had recently been promoted to a larger branch and there were prospects of future promotion.
“He is carving a good career for himself,” she said. “His employers are fully aware of his conviction but will keep his job open for him. They consider him a man they would still want to employ and work with.”
Thompson had been drinking with his family at the Livingstone Arms pub in Gillingham Road, Gillingham, when trouble flared on Halloween 2003.
Words were said to have been exchanged between Thompson and another pub drinker, Clive Harvey, although Miss Oliver argued that Thompson had, in fact, been trying to calm matters down. As a result Mr Harvey and his friend Richard Gellett left the pub.
The court heard that Mr Harvey was outside his plumbing shop in Gillingham Road with Mr Gellett when they were approached by Thompson.
Allister Walker, prosecuting at an earlier hearing, said there were more words and Thompson took his coat off “looking for trouble” and put it on the bonnet of a car.
Mr Harvey tried to get Mr Gellett into his home through the shop for his safety and used a metal pole to lift the shutters.
But Thompson first punched Mr Harvey four or five times before he and another man grabbed the pole and used it to “beat Mr Harvey down” inside the shop.
Mr Gellett was also repeatedly struck with the pole and both men lost consciousness. Mr Harvey had injuries to his face and forehead, while Mr Gellett suffered a head wound needing eight stitches.
When arrested, Thompson admitted being involved in a verbal altercation at the pub and outside Harvey’s Plumbing Shop. He said he phoned his friend Adam Walsh and another man because he thought there was going to be trouble.
Mr Walker said Thompson admitted punching Mr Harvey a number of times both inside and outside the shop but claimed people he did not know joined in and jumped on the victim’s head and struck him with the pole.
Thompson said any blows he inflicted were in self-defence. Walsh, 25, of Milton Road, Gillingham, denied any involvement in the attacks. He agreed to stand on an identity parade and was picked out by Mr Harvey’s sister, Helen, who had heard the commotion and came to her brother’s aid.
Thompson and Walsh denied wounding with intent, an alternative of unlawful wounding, assault causing actual bodily harm and affray.
Thompson was convicted of unlawful wounding on Mr Gellett, actual bodily harm to Mr Harvey and affray. Walsh was convicted only of affray.
Miss Oliver said Thompson had not gone looking for trouble that night and, before that incident, had never been involved in a fight before.
She said he took his coat off as a bluff, hoping the situation would calm down, and “reacted” only after being struck first with the pole.
“He bitterly regrets his part and his actions that night,” she added, “and has accepted the seriousness of his actions and expresses a genuine regret.”
Oliver Plunkett, defending Walsh, said he was “present rather than involved “ in the assaults.
A work reference handed in to the court described Walsh, who has a three-month-old child, as hard-working, conscientious and valued.
Sentencing the pair Judge Anthony Balston said: “This was a pretty disgraceful affair and I have no doubt it was bred in drink.
“Both of you have committed offences which would justify imprisonment, there can be no doubt about that. But your individual mitigation is such that I do not propose to send you to prison on this occasion.”
Thompson was sentenced to 240 hours community service concurrent on each offence, and ordered to pay £500 compensation each to Mr Harvey and Mr Gellett.
Walsh was sentenced to 150 hours community service and ordered to pay £250 towards court costs.