Security staff at a Mumford & Sons concert in Bath “beat up” a man before throwing him out of the venue, where he was arrested for assaulting a bouncer, magistrates heard.
Benjamin Athay, who had consumed 10 pints and drunk gin, kicked a police officer in the groin during his arrest outside The Forum on 14th February, which led to his court appearance in Bath on Wednesday 4th March.
The Crown Prosecution Service told the court that nothing came of that original assault claim. But when arrested, Athay had sworn at police and complained about his handcuffs being too tight.
He had tried to get out of the police vehicle and was pushed back. It was then that he kicked out at a police officer.
In a victim impact statement read to the court, the officer said the pain had continued for a few hours. He also spoke of Athay’s “complete lack of respect”.
Nicholas Wragg, defending, told magistrates that 39-year-old Athay had gone to see the band with his wife, mother-in-law and her friend.
He was near the stage filming the concert to livestream to his children when he was jumped on by a bouncer but was not told what the issue was. He also saw security pulling his mother-in-law out by her hair.
Mr Wragg said Athay was “beaten up by security staff” and thrown out “into the arms of police” who arrested him. He said there was no CCTV footage of what had happened inside the venue.
The court heard that Athay, of Bath Old Road in Radstock, had no previous convictions.
“His remorse and embarrassment are genuine,” said Mr Wragg.
Athay had been frustrated about being arrested but it was more of a “push” than a deliberate kick to the constable. Athay was apologetic and accepted that the police officer had only been doing his job.
Following the incident, Athay went to the Royal United Hospital in Bath with potential concussion as he was vomiting and feeling dizzy, and was released a few days later.
The magistrates were shown photos of Athay’s injuries which included scratches and lumps on his head. He also developed an infection due to an injured finger which was still bandaged at his court appearance.
Athay was fined £1,538 for the assault on an emergency worker. He was ordered to pay the officer £700 compensation.
The bench made no order for prosecution costs or court surcharge, saying they were prioritising compensation to the officer.
Source – Bath Echo