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Shovel attack man faces 'substantial' jail term

Maidstone Crown Court
Maidstone Crown Court

A security guard is facing a prison sentence for viciously attacking a bus driver with a shovel.

Peter Swain was told by a judge he could be jailed for around five years or even be put behind bars indefinitely.

Maidstone Crown Court heard victim Lee Rainbow had returned to his bus depot in Dunkirk on the evening of December 16, 2006.

Mr Rainbow and another driver, Roger Moore, were parking their buses when they saw Swain, who was living in a caravan in the boundaries of the yard and acted as a security guard.

His duties including locking up the yard but he was unhappy that Mr Rainbow had secured the gates.

Alex Wilson, prosecuting, said it may have been because Swain’s dog had slipped its lead and run off.

Mr Moore suddenly felt a barge to his right shoulder and fell to the ground, dropping some of his takings. Swain ran past and confronted Mr Rainbow.

“Mr Swain had armed himself with a shovel,” said the prosecutor. “He then hit Mr Rainbow across the head with the shovel.”

Mr Rainbow ran off but Swain caught up him and hit him on the jaw with the shovel.

“As a result of both assaults, there was a cut to his head and a very serious gash wound to the side of his jaw. The scarring is still visible today,” added Mr Wilson.

Swain, of Neal Place Farm, St Thomas’ Hill, Canterbury, denied wounding with intent but was convicted.

Adjourning sentence for reports until March 10, Judge James O’Mahony said: “This is a very serious matter indeed. Guidelines give a sentence of at least five years. I hope it doesn’t arise that he gets an indeterminate sentence.”

Remanding Swain in custody, he added: “You were convicted on the clearest of evidence. I think you lost your temper.

“You cannot be forgiven for smashing a shovel into peoples’ faces. You must expect a substantial prison sentence.”

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