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15
Nov
The Stray Ferret spent the morning at Harrogate Magistrates Court yesterday (November 14). We sat through a full morning of hearings, which included an assault and a drink-driving case. You can read reports on two cases below.
Two Cleethorpes men pleaded guilty to assualting the same man.
The court heard David Bruce, 31, of Major Court, and Mark Johnstone, also 31, of Brereton Avenue, assaulted the named victim on May 2 on Burn Bridge Lane, near Pannal.
Mel Ibbotson, prosecuting, told the court the victim lives in Dublin but regularly returns to Harrogate to visit his mother.
He got a taxi from Leeds Bradford Airport at around 10.30pm. The taxi parked on Burn Bridge Lane and the man got out to get his luggage out of the car.
Ms Ibbotson said a white van pulled up next to the taxi, before one of the passengers shouted: “who’s the lad who got out of the taxi?”.
The taxi driver told the occupants of the van – Bruce and Johnstone – they had “got the wrong person”, as the victim got back in the taxi.
But Ms Ibbotson said the man could not lock the door. She added:
One of the defendants tried to pull [the victim] out of the car. The other defendant then opened one of the rear doors and punched [victim] in the head.
Both defendants punched him the head and punched him at least five times in total. There were more punches everywhere else.
The taxi driver managed to drive off with the doors open, Ms Ibbotson said, and got the victim away from the men.
The man sustained scratches and swelling on his head as a result of the assault.
Martin Townend, defending Johnstone, said he was in Harrogate for work as an electrician.
He is very remorseful about what happened, Mr Townend told the court, adding he “apologises to the victim through me”.
Brian Nuttney, defending Bruce, told the court Bruce was also remorseful. He said:
Mr Bruce told me he will ‘never forget the look on his mum’s face’ when he told her he was going to court.
The court heard Bruce, also an electrician, has “little recollection” of the incident.
Mr Nuttney told the court:
He is a hardworking, healthy, family man. I ask you give him the benefit of the doubt today.
Johnstone was handed a £1,196 penalty, which comprised a £615 fine, £250 in compensation, a £246 surcharge and £85 in prosecution costs.
Bruce was ordered to pay £1,249. This was made up of a £653 fine, £250 in compensation, a £261 surcharge and £85 in prosecution costs.
Vasile Macsim, of Ryedale Close in Tadcaster, pleaded guilty to driving above the limit.
Ms Ibbotson told the court a member of the public was driving along the A6055 Boroughbridge Road near Knaresborough on September 1.
At around 10.30am, the driver went through a set of temporary traffic lights after they turned green but saw a car coming towards him which had “driven through a red light”.
Ms Ibbotson said the driver had to pull onto a grass verge to avoid the defendant, who was driving towards him, but a collision occurred.
The crash caused around £5,000 worth of damage to the member of the public’s car.
Macsim, 42, was taken to the police station where a blood sample was taken, which recorded 273 milligrams of alcohol in 100 millilitres of blood. The legal limit is 80 milligrams.
Mr Nuttney, defending, told the court Macsim expressed remorse at the police station and “did not try to hide anything”.
The court heard:
He does not have much recollection of the incident, and that’s unusual because he is not a drinker. As a tattooist, he gave up alcohol several years ago because he needs a steady hand.
He had been drinking in Harrogate town centre the night before. He thinks his drink may have been spiked but he has no evidence of this.
He loses his good name today.
Mr Nuttney said Macsim was concerned about the impact losing his licence would have on his family, as he would struggle to get to work.
The magistrates ordered Macsim to pay a £999 penalty. This is made up of a £653 fine, a £261 surcharge and £85 in prosecution costs.
He was also disqualified from driving for 28 months, but this would be reduced by 28 weeks if he completes a drink-driving course.
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