COMPENSATION must be paid to a North Warwickshire hotel doorman after he was assaulted from behind as he was restraining another person on the ground.
Shaun Behan had pleaded guilty to assaulting door supervisor Khuram Shahzad during the incident at the Coleshill Hotel in Coleshill in April last year.
He had entered his plea on the basis that during a melee outside the hotel, he had assaulted the doorman by punching him.
But Behan (30) of Drummond Way, Chelmsley Wood, Solihull, added that at no stage did he throw a glass at anyone or strike anyone with a glass.
And on the day the case was listed for a ‘trial of issue’ on that point, the prosecution accepted a CCTV recording did not show him with a glass in his hand.
Following an adjournment for a pre-sentence report to be prepared, he was given a community sentence with 12 months supervision and was ordered to do 120 hours of unpaid work and to pay £500 compensation to Mr Shahzad.
Prosecutor Sally Cairns said that at just after midnight Mr Shahzad, a door supervisor at the Coleshill Hotel, received instructions that no-one else was to be allowed in.
He then saw Behan and another man in the beer garden at the rear of the hotel, and asked them to leave.
The other man became aggressive and threatened him, but Mr Shahzad managed to restrain him on the ground as he continued to punch out.
“At that point the defendant struck out at him from behind, and Mr Shahzad briefly released the man on the floor.
“He then continued to restrain him and felt further blows to the back of his head which he believed were kicks,” said Miss Cairns, who pointed out that a number of other people were also involved in what she described as ‘quite a melee.’
Eventually Mr Shahzad, who had heavy bruising to his face and head and a cut to his ear, had to release the man on the ground, and he and the defendant left.
When Behan, who had no previous convictions for violence, was arrested he made no comment, but was picked out on an identification procedure.
Judge Robert Orme commented: “This just about crosses the custody threshold. The victim was merely trying to do his job, and it was a group attack.
Gerard Cullen, defending, submitted that Behan, who was in work and taking home £300 a week, was entitled to ‘the maximum credit’ for his guilty plea.
Sentencing Behan, Judge Orme told him: “The case has gone on for a little while, because this offence occurred in April 2012.
“Quite why it took until November 2013 to reach the point of plea and case management is not clear.
“But you had never before been in trouble for violence and you have not been arrested for anything since this happened. I think therefore I can deal with this by way of a community order rather than a suspended sentence.”