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Monday, 20 October 2014

Barrow Kill One attack - man in court

A MAN has admitted breaking a man’s wrist in an attack that caused him to have four heart attacks.

Preston Crown Court heard Stephen Ley followed Darryl Mulholland outside the British Workman’s Club to make sure he left the Duke Street building in Barrow on Boxing Day night.

He went on to be punched and as he lay on the ground, it was claimed, he was deliberately stamped on.

Mulholland, 23, of Thwaite Street, Barrow, pleaded guilty to a charge of inflicting grievous bodily harm.

He told the court he had not intentionally stood on him or stamped on him.

Prosecutor Mr Nigel Booth read a statement to the court in which Mr Ley, a committee member at the club, spoke of being asked by a member of staff to keep an eye on the defendant because he was said to have been playing on a bandit machine and kicking it.

He went on to ask Mulholland to leave and followed him, deliberately keeping his distance, to make sure that he left.

Mr Ley’s statement said Mulholland ran at him and tried to throw a punch at him.

Mr Ley managed to spin the defendant around and was trying to defend himself when he was struck by a blow to the right side of the head. Mr Ley did not know who struck him.

Mr Ley fell to the floor and someone stamped on his left arm, causing excruciating pain.

Mr Ley apparently went on to be attacked by two other men who kicked him to the head.

He suffered a fractured wrist and a series of heart attacks.

Eyewitness Jack Arnold gave evidence to the judge, saying a fight had taken place that night which was “pretty ugly, pretty brutal”.

He claimed that at one point he saw Mulholland raise his right leg to around waist height and then bring it down in a thrusting motion.

He felt that was deliberate.

In evidence to the court, the defendant accepted having assaulted Mr Ley, exchanging punches in a brawl.

He also accepted that in the course of the incident he may have stood on his arm.

He said it had not been intentional, had not been deliberate and he had not stamped upon him.

He added: “I wouldn’t do that. I have had it done to me. I wouldn’t wish it on anyone else.”

After the trial of issue, Judge Ian Leeming QC, gave a finding in favour of the prosecution.

He described Mr Arnold as a “convincing witness”.

He added: “I am sure, on all the evidence, this was a deliberate stamping on the arm by the defendant”.

Mulholland was remanded on bail and is due to be sentenced at Burnley Crown Court in several weeks’ time.

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