Kentish Gazette Canterbury & District
Degrading attack left former councillor afraid to leave home
Dad-of-three, 60, targeted by homophobic couple after revealing sexuality
A former city councillor was tortured by a homophobic couple in his own home after opening up about his sexuality. Vince Mcmahan had a fire poker forced down his throat and was beaten to the floor in an attack described by prosecutors as “gratuitous degradation”. The 60-year-old, who died from an unrelated illness 18 months after the brutal assault, told police the ordeal had left him afraid to leave his home. This week, Stuart Holland, 45, and his partner Joanna Bath, 46, were jailed for their part in the attack in March 2019. Canterbury Crown Court was told how the pair had targeted Mr Mcmahan after reading an article in this paper, in which he revealed he was gay after a near-death experience. James Ross, prosecuting, explained the former magistrate found disclosing his sexuality “a weight off his shoulders”. After the attack, Mr Mcmahan - who represented West Bay ward in Herne Bay between 2005 and 2011 - told police: “I am shaken by this incident because I wouldn’t expect to be attacked in my own home.
“I’m also upset about being targeted and attacked because of my sexuality.
“This incident has made me very wary to leave my address in case I bump into (the pair) in the street.”
The prosecutor told how the couple had knocked on Mr Mcmahan’s door at 10.30pm and were invited in because Holland - a carpenter - had recently done some work for him. Violence soon erupted when Holland made a remark about Mr Mcmahan’s sexuality. He repeatedly slapped the dad-of-three and called him “queer”, then thrashed him with a nearby fire-poker.
The prosecutor said: “Holland used that poker to begin striking Mr Mcmahan’s right leg a few times - this caused cuts and soreness.
“After Holland used the poker, Bath then got up and slapped Mr Mcmahan a few times. “She then took an implement from her handbag and used this to hit Mr Mcmahan on the back of the head.”
Both attackers then levelled
unfounded sexual allegations towards Mr Mcmahan, calling him “a pervert”, the court was told.
When their victim tried fleeing, Holland intensified his campaign of humiliation, Mr Ross said.
The barrister labelled the attack “gratuitous degradation”, adding: “It was at this point Mr Holland grabbed him and inserted the poker into his mouth, causing him to gag.” Mr Mcmahan had recently employed Holland to carry out carpentry work on his Canterbury home, meaning he could come and go as he pleased. And Mr Mcmahan “didn’t expect anything was wrong” when he invited Holland and Bath into his home, just minutes before the attack unfolded. Both defendants pleaded guilty to causing actual bodily harm and theft, while a charge of joint enterprise robbery was asked to lie on file.
Bath, of Beaumont Street in Herne Bay, also pleaded guilty to 11 unrelated counts of theft and two counts of supplying Class A drugs at previous hearings. Her barrister, Phil Rowley, said Bath lost her way after being the victim of an assault, adding: “The effect upon her was traumatic.”
He said she was an addict at the time of her offending, played a “lesser-role” in the attack and had cleaned up her act in prison. Keiran Brand, for Holland, said his client assaulted Mr Mcmahan in an unresolved row over money rather than a homophobic attack.
At Monday’s sentencing hearing, Judge James O’mahony said: “Mr Mcmahan tried to dial 999 to get help but that was prevented
by Joanna Bath snatching the phone and preventing him from doing so. “Stuart Holland then grabbed Mr Mcmahan (and) inserted the poker into his mouth, causing him to gag.”
Mr Mcmahan’s wallet, still containing his magistrate’s identification, was discovered in Bath’s bin.
Holland was found hiding in his loft.
Bath, who had no previous convictions for violence, told officers following her arrest: “I’m so sorry it went too far - nobody was meant to get hurt.” Judge O’mahony said the homophobic nature of the attack pushed the deserved punishment “above the sentencing guidelines”.
He added the use of a weapon, the victim’s degradation and vulnerability, abuse of trust and homophobic hostility created a “clean sweep of every box” for higher culpability.
The judge explained Holland’s previous criminal record for violence was an aggravating feature.
The list of charges read in court included wounding, actual bodily harm, assaulting emergency workers, carrying an offensive weapon, affray and common assault dating back to 1996. Bath’s previous includes six counts of theft, possession of a Class A drug and vehicle interference.
Holland was jailed for three years for actual bodily harm and theft and an additional three years for previous drugs and shoplifting offences, to be served consecutively. Bath received a 27-month jail term for actual bodily harm and theft.
‘I am shaken by this incident because I wouldn’t expect to be attacked in my own home’