Roadworks stress blamed for attack

8:28am Friday 15th February 2008

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A CAFÉ owner in Warminster who attacked a man in the street blamed it on the stress of mounting debts caused by roadworks in the town, a court heard.

Mark Brassington, 49, the owner of Jacqueline's Restaurant and Tea Rooms in High Street, appeared at Chippenham magistrates' court on Tuesday, where he admitted a charge of causing actual bodily harm in October 2007.

The court heard how Brassington, who lives in a flat above his restaurant, attacked Richard Peaty, who was causing a late-night disturbance outside his home.

In his defence, Brassington said he was stressed about the financial impact six-months of roadworks in High Street were having on his business.

A Wiltshire Probation report read out to the court said: "He (Brassington) does have £3,000 in rent arrears which is connected to the roadworks and being in Warminster at the moment.

"Business is very slow at the moment and it is impacting on him and his partner financially."

On the day of the assault, the court heard how the victim, Mr Peaty from Frome, had been embroiled in a row with his wife as they walked along High Street.

Keith Ballinger, prosecuting, said: "They were having an argument and Mr Peaty, in anger, kicked a road sign several times."

'Hearing a disturbance outside of his bed and breakfast business, Brassington called the police and went down to inspect what was going on.

Witness statements described how Mr Peaty had warned-off the restaurateur and taunted him by saying what are you looking at? Come on then.' Referring to a statement from Mr Peaty's wife, Mr Ballinger described how Brassington had grabbed the victim in a headlock and dragged him to the floor and punched him in the face while holding him down with his knee. The victim's wife then screamed at the defendant to get off and hit him repeatedly with her handbag.

Brassington admitted twice punching Mr Peaty while on the floor. Mike Jeary, defending, said: "He got up and did the right thing and went back in and waited for the police. He admits he lost his temper albeit for the short term. It is something he is going to regret for many a day in the future."

Brassington was sentenced to a six-month community order, including a curfew between 8pm and 6am.

Speaking after the court case, Brassington said the roadworks had cost his business more than £20,000.

He said: ""The roadworks went on much too long. We didn't have a car pass us all summer."