Nelson men spared jail for attack
TWO nightclub bouncers and a bystander who beat up a man outside the premises in Nelson have all been spared jail.
Burnley Crown Court heard how licensed doorman Ian Simpson completely lost control when Michael Walmlsey tried to get into the Good Night Club in Nelson.
Mr Walmlsey was dragged across the road where Simpson kicked him whilst he was on the ground and fellow bouncer Liam Butler stood back and didn't restrain him.
Wasim Shah, who was nothing to do with the trouble, then joined in for "the sheer love of gratuitous violence," and also booted Mr Walmsley in the early hours, last November. Both Simpson and Shah kicked him twice.
The court was told the victim was said to have sent Simpson (36), of Roegreave Road, Oswaldtwistle, a letter suggesting he would be happy to be "bought off" and drop charges over the melee.
Simpson, a widower whose disabled son depends on him, Butler (21), of Charles Street, and Shah (23), of Westmoreland Street, both Nelson, all admitted assault causing actual bodily harm.
Simpson was given 200 hours unpaid work, Butler was given a three-month 10 p.m. to 7 a.m. curfew and Shah got 100 hours unpaid work and 12 months supervision. A third bouncer at the club, Daniel Sheridan, was earlier bound over.
Sentencing, Recorder Geoffrey Lowe, who had watched CCTV footage of the fracas, said he had originally planned to send them to prison and they couldn't have complaiend if he had.
The judge said: "This type of behaviour is utterly disgraceful. It's dangerous and it's the sort of behaviour society wants to see stamped out."
Recorder Lowe told Simpson: "Your main purpose in being a doorman was to try and quell and subdue trouble and not cause it." He added if the defendant was sent to custody his son would suffer more than him. The judge said Shah's involvement was "the most flagrant sort of mindless street violence" likely to be seen.
Mr John Gregg (prosecuting) said Simpson and Mr Walmsley had argued before the trouble started. Police were called, seized the CCTV coverage and watched it. The defendants were later arrested.
Mr Walmsley did not go to hospital but had suffered bruising, soreness, dizziness, and swelling. All defendants were interviewed and shown the CCTV. Simpson claimed he was acting in self defence, Butler accepted excessive force was used and Shah could not explain why he got involved.
The prosecutor said Simpson had no previous convictions. Shah had a record, but no convictions for violence. Butler admitted the offence on the basis he did not kick or punch the victim.
Miss Abigail Hudson, for Simpson and Butler, said Mr Walmsley became obnoxious when he was refused entry to the club because of his clothing and suspicions he might be under the influence of a substance. He flicked a cigarette towards Simpson and made threats.
Simpson's 13-year-old son had a mental age of four or five and would never live an independent life. She went on: "Custody would have an extremely devastating effect on the defendant and his son."
Miss Hudson said Butler became involved as in his training he had been told doormen should not be separated. He took the job at the club to pay off debts. He had grown up since the incident and now lived with his partner and her two children.
For Shah, Mr Richard Taylor said the defendant had battled a drug addiction but had then got an alcohol problem. The solicitor went on: "He cannot rationally explain why he became involved. He joined in in a moment of madness."
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Last Updated:
15 May 2008 9:11 AM
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Source:
n/a
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Location:
Burnley