Guilty of assault, pensioner who shoved £10 note in lawyer’s mouth in train row over ‘stolen’ wine
A PENSIONER who shoved a £10 note into the mouth of a fellow rail passenger in a row over free snacks has been found guilty of assault.
Leslie Gilmer had a ticket for standard class but helped himself to the first class wine and snacks trolley.
Barrister Dr Peter Ellis became ‘irritated’ by Gilmer, 69, and felt compelled to speak him after this happened five times.
Prosecutor Sonia Croft told Exeter magistrates court Gilmer was acting in a ‘rather obnoxious manner’ on the night last November. She said the food and drink was complimentary for first class passengers only. When Dr Ellis challenged Gilmer, the defendant allegedly retorted: ‘I’m hungry. I will see you in court.’
Gilmer returned to the carriage and rammed the £10 note into the mouth of the former hospital doctor and personal injury lawyer, the court heard.
Retired engineer Gilmer was spoken to by police at Exeter St David’s station and admitted throwing the note but claimed any physical contact was acci- dental. Miss Croft said the court had to decide whether the incident was a ‘pure accident or a deliberate or reckless assault’.
Dr Ellis told the magistrates that Gilmer was involved in a disturbance with train staff over the toilets saying they were a ‘****ing disgrace’ and were not working.
He said Gilmer was also involved ‘in a discussion about whether he could have some alcohol and snacks from the first class trolley’ – even though he had bought a £47.50 standard ticket.
Dr Ellis said the defendant was ‘hectoring, boorish and bullying’.
He explained that Gilmer kept returning to the first class section and helped himself to red wine because the buffet car had run out.
On a fourth occasion Gilmer put snacks into his pockets and strode back to his seat next to his wife, Dr Ellis said.
On the fifth occasion he said Gilmer was unsteady on his feet. Dr Ellis said: ‘ He was inebriated and
‘Rather obnoxious manner’
swaying.’ He said he confronted Gilmer, from Exeter, saying: ‘Excuse me. Would you mind if you require any more to eat to use the buffet in your section of the train.’
He said Gilmer replied: ‘I am hungry, if you have a ****ing problem with that I will see you in court,’ and walked away.
Dr Ellis said minutes later his head was pushed back against the headrest. He said: ‘I felt an object being pushed into my mouth. I smelt stale alcohol. The defendant’s speech was not coherent but he said, “Eat this, you c***”.’
Dr Ellis, head of clinical negligence and personal injury at his London chambers, spat out a tightly folded £10 note. He rejected the defence’s claim that Gilmer was instead trying to drop a note into his hand.
‘Any passenger paying a premium does expect an undisturbed journey,’ he said, accepting that he was irritated by Gilmer’s actions.
Gilmer told the court he had shared a half bottle of red wine with his wife but they were both hungry because the dining car was closed and they had not eaten all day.
He denied using bad language to rail staff but admitted: ‘I do use language.’ He also denied stealing and said the contact had not been intentional.
The magistrates convicted Gilmer of assault by beating. He was fined £650 and ordered to pay £840 court costs and £250 to Dr Ellis.