Attack on builders - judge rej

A MAN attacked builders working in the shop under his flat after he warned them they were being too noisy.

William Walsh, 42, head-butted one of the workers and tried to assault two others in Cheltenham High Street, Gloucester Crown Court heard.

Walsh ended up with injuries himself after the workmen overpowered him with the help of a passing special constable, the court heard.

Having been found guilty by magistrates of assaulting Ebn Mars and common assault on two other men, Walsh appealed against his conviction and claimed he was the victim of violence, not them.

However, Judge John McNaught, sitting with two magistrates, rejected the appeal and upheld Walsh's conviction.

The replica hublot watches justices did not make any alteration to Walsh's punishment - a community order coupled with Pounds 100 compensation to Mr Mars.

And because of unemployed Walsh's difficult financial situation they did not order him to pay any of the costs of the appeal.

James Counsell, prosecuting, said two groups of builders were working in the High street near Walsh's flat on November 11 last year.

One group, working for Crown Clearance, were emptying the former Soundhouse shop below Walsh's home and were loading metal equipment into a van.

At 1.15pm, Walsh shouted from his window at Mr Mars, a Bristol University photography student who was working part-time for the fir m.

He complained about the noise, asking Mr Mars if he thought he was 'clever' to be causing it.

A few minutes later, Walsh shouted at another of the workers, Jeremy Pilcher, in the same way.

Walsh then left his flat, walked up to Mr Mars and "thrust his head towards his face, catching him in the mouth with a head-butt", Mr Counsell said.

"It was hard enough to send Mr Mars to the ground. Mr Mars went back into the shop Montega Fake and was followed by Walsh," the barrister said.

"Gordon Young, the owner of the company, told him to leave, but Walsh then attempted to head-butt Mr Pilcher, but missed. He picked up a broom and started to swing it at Mr Young, although there was no impact."

Mr Counsell said Mr Young grabbed hold of Walsh and together with the other workers and a passing special constable he was overpowered and arrested. "He was taken to the police station. He did have some injuries, but we say that was because he had to be restrained because of his behaviour."

Mr Mars told the court he was "shocked and disorientated" when Walsh head-butted him and suffered a cut and swollen lip and was bleeding.

Walsh, in evidence, claimed Mr Mars was abusive to him when he complained about the noise and kicked his dog.

It was the dog pulling on its lead that caused him to bump heads with Mr Mars, he said.

He claimed he was then dragged inside the shop and beaten up by the workmen.

But dismissing the appeal, the judge said although the workmen may have used "an jimmy choo Handbags unnecessary and improper amount of violence" at the end of the incident, the court was satisfied it was Walsh who started it.

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