A tour boat captain who punched a stranger in the face in an unprovoked act of violence was jailed for two years yesterday.

Despite being described as "a major player in Bermuda's tourism industry", Kevin Fox was given a custodial sentence for the attack on British expat Leigh Thurston. Fox, 24, of Pembroke, punched Mr. Thurston, 28, as he waited for a taxi in Front Street after a Saturday night out.

The force of the impact broke his jaw and doctors say he may never regain the feeling in his lower lip. As Puisne Judge Carlisle Greaves jailed Fox for two years, Mr. Thurston welcomed the sentence. "It is what he deserves. I spent seven weeks eating through a straw, my mouth closed shut," he told The Royal Gazette. "He blindsided me, I didn't see it coming."

Mr. Thurston, a head chef at Coral Beach Club, added: "He deserves everything he's got. Justice has been served."

Fox, captain of the 'Looking Glass' glass-bottomed boat, was sentenced following a guilty plea to grievous bodily harm at an earlier court hearing. Supreme Court heard the incident took place at 2 a.m. on May 2, as Mr. Thurston waited at the taxi area near the junction of Front Street with Burnaby Street.

Prosecutor Cindy Clarke said Fox was walking along the street with his friends. When he got "within arm's length" of Mr. Thurston he suddenly struck him to the ground.

"He punched the complainant once in his face. The complainant immediately became dazed and dropped to the ground on his knees," said Ms Clarke.

"The defendant then casually walked to where his friend was standing nearby laughing."

Mr. Thurston's friends however, approached Fox and he ran west along Front Street with them in pursuit. They caught up with him and held him until Police officers apprehended him.

Ms Clarke said not only was the incident witnessed by the Police officers but it was also captured on CCTV cameras.

Despite this, Fox told the officers: "He struck me first, I was just defending myself."

As Fox was taken to Hamilton Police Station, Mr. Thurston was treated at King Edward VII Memorial Hospital for a broken jaw and open wounds and swelling to the left side of his face.

Ms Clarke said: "He was unable to speak and a portion of the mandible with 14 teeth was completely detached from the assault. His jaws were surgically wired together and the prognosis indicated that it is very likely the complainant may never regain any feeling in his lower lip."

The court heard Fox had recently received a conditional discharge for wilful damage in February of this year.

Defence lawyer Mark Pettingill however, said this was simply "the result of skylarking", as Fox had been pushed onto a car bonnet.

Mr. Pettingill said Fox's actions on May 2 were the result of excessive drinking and that he has since abstained from alcohol.

"It was completely and totally out of character, a bizarre moment attributed to excessive intoxication," he said.

Fox was now "deeply remorseful" for his actions.

Mr. Pettingill described him as "a major player in Bermuda's tourism industry" and showed the judge several letters from tourists, praising his care and attention.

"He is not just doing his job as a host and captain but going an extra mile through random acts of kindness," said Mr. Pettingill.

"He's an ambassador for Bermuda, which makes it even more bizarre as to what happened in this case.

"Everyone that can speak of this young man says he is a humble and gentle and kind young man. This is the type of young man we want to uphold in terms of attitude, family ties and overall good character."

Mr. Pettingill said that despite "ADHD issues", Fox had persevered in his education and gone on to graduate. He had then gained his marine mechanic qualification from the Marine Mechanics Institute in Florida and his pilot's licence in Bermuda.

"He is a young man this community wants to uphold as an example to other young men, about what they can do if they persevere in their lives," said the lawyer.

"This is an exceptional young man of good character, of accomplishment and recognition in our society. Nothing is going to be accomplished by him going to prison."

Fox told the court: "The night of the incident I was very intoxicated. It was a complete random act of stupidity.

"It was a life-altering experience, not only for me and my family but more so for Leigh. It is very unfortunate this has happened and I have said a prayer for him every day. I am extremely sorry for everything that has happened here."

Mr. Justice Greaves said that despite "strong mitigation", the law had to be "applied equally" and that grievous bodily harm must attract a custodial sentence.

"No man, whether he be a peasant or president should have to fear or be subject to an unprovoked, uninvited assault such as this, while peacefully going about his business on a public street," said the judge. "That must be so whether the assault comes from saint or angel."

Mr. Justice Greaves added that if men of good character were spared a jail sentence, it would then create two sets of laws.

"Whereas men of bad reputation expect to go to jail, men of good reputation it would appear, would be handed a licence to make one mistake of this kind," he said. "Since there are so many more good men than bad men in this society, what an interesting dilemma that would be."

The judge said anyone sympathising with the defendant must also put themselves in the position of the victim, and say to themselves, "That could have been me".

"Our supreme law says that each citizen must have his due, no more, no less. The victim in this case is entitled his due, such as the defendant your due must be imparted, and if you are as good a man as I am led to believe then you will take it and thereafter live in peace."