Log In

Reset Password

Painter faces fine after fight

removing two of Graham Fowle's teeth with a punch.Senior Magistrate the Wor. Will Francis warned Smith, 21, that Fowle could sue him for expensive dental treatment after the incident in the Swinging Doors, in Court Street, on Friday,

removing two of Graham Fowle's teeth with a punch.

Senior Magistrate the Wor. Will Francis warned Smith, 21, that Fowle could sue him for expensive dental treatment after the incident in the Swinging Doors, in Court Street, on Friday, January 15.

Earlier Mr. Francis had expressed some doubt over whether Smith, of Vesey Street, Devonshire, was entirely at fault for his attack on Fowle, 34, of Bushy Park Drive, Somerset.

Prosecuting Sgt. Kenrick James said Fowle and a female friend were dancing at the Hamilton nightclub.

Sgt. James said: "Whilst he was dancing he received several kicks to his legs and backside from people on the dance floor.'' He said Fowle was then kicked in the back and when he turned round, without warning, the defendant pushed him to the ground. As he got up, Fowle said, the same person stepped forward and punched him in the mouth. Security in the club then pulled Smith away.

Sgt. James said: "He had made no violent gestures or actions towards his assailants.'' When Fowle was taken to King Edward VII Memorial Hospital he discovered he had lost two upper incisor teeth. He also required six stitches in one cut and had another cut to the left side of his mouth.

Police said Smith had not been hurt during the incident and had been charged with unlawfully occasioning bodily harm.

Smith then gave the court his version of events. He said: "Mr. Fowle presumed I was kicking him. I was standing behind him dancing with my girlfriend.

"He was drunk falling back onto everybody. Some people were kicking him. He turned around thinking it was me. He gripped me without even asking me if I had done it. He threw me to the ground.

"I got up to ask him what had happened and he tried to push me again. I was defending myself. I would not attack somebody for no reason. I have not got time for all that.'' Mr. Francis said: "In light of what this person has just said I find this interesting. Just as he was about to leave the bar Mr. Fowle said he received kicks from several patrons. Why would several people want to punch or kick him around? He must have upset several people.'' Sgt. James said: "He could have been picked on by these people. He is probably one of those people that nobody likes. Or he could have been in the wrong place at the wrong time.'' He said that it appeared Smith had struck Fowle more than once, but Smith said he had only thrown one punch.

Mr. Francis said: "It could have been done by one solid right.'' He said that he felt that Smith had overreacted and fined him.

But he said: "Compensation could be quite a lot because dental treatment may prove expensive.''