Why were these thuggish Guardsmen spared jail?
Drunken soldiers, 22 and 25, stamped on victim 18 times yet still walk free from court
TWO soldiers, one a Buckingham Palace guard, walked free from court yesterday despite inflicting a shocking beating on a helpless civilian.
During the drunken attack, which was caught on CCTV, Scots Guard Shaun Smith, 25, can be seen stamping 18 times on his victim’s head.
His fellow soldier, Welsh Guard Jason Collins, 22, rained blows with his fists on to the man’s body.
The soldiers were expected to be jailed for the ‘deeply unpleasant and inexcusable’ assault.
But yesterday a judge at Teesside Crown Court made what even he admitted was an ‘extraordinary’ decision to let the men walk free.
Judge James Hill, QC, said he had decided to show mercy after hearing glowing tributes and being told the Army was keen to keep them.
‘I state in open court that what I have done is entirely exceptional,’ he said. ‘I can’t say what the Army will do but I simply express the hope, as your commanding officers have expressed, that the Army feels able to keep you.’
The furious victim James Wormald – who was left with the imprint of Smith’s shoe on his forehead – said it was wrong that the pair had got off so lightly and that there was no excuse for what had happened.
‘There was absolutely no reason for the attack,’ he said. ‘To stamp on someone that many times and get away with only being sentenced for actual bodily harm is wrong.
‘I don’t know how I escaped that without really serious injuries, the force they used could have killed me and I really expected them to go to jail for it.’
Both men were cleared by a jury of grievous bodily harm but admitted causing actual bodily harm.
Smith was given a 12-month suspended jail sentence and ordered to do 80 hours of unpaid work. Collins was given a 12-month community order, and both men were each told pay £1,000 compensation.
The pair launched the vicious attack after a night’s heavy drinking near Catterick Garrison in North Yorkshire last April. They matched each other drink for drink in bars and each downed six beers and 15 shots.
They encountered local men Mr Wormald, 25, and his friend Mark Thompson after leaving a bar at 3.30am and there was an exchange of words.
Collins and Smith claimed the two men had threatened to stab them – a claim strongly denied by Mr Wormald, a chef.
The court was shown video of Collins knocking Mr Thompson out cold with a single punch before he and Smith set upon Mr Wormald. Their victim runs across a road, trips and falls.
Smith, who has a hood covering his face, can be seen bringing his foot down over and over on his victim’s head while Collins relentlessly pummels Mr Wormald’s body.
The pair then ran off and hid in a stream, but were caught by the police. Mr Wormald had severe bruising to his face.
Collins is highly regarded by the Welsh Guards and has been entrusted to stand guard at both Buckingham Palace and St James’s Palace since the incident. He is likely to keep his job.
Scots Guard Smith was also of previous good character. Richard Herrmann, defending him, said: ‘But for that night this man is an angel, but on that night he was a devil.’
Captain James Dyson said Smith had ‘picked himself up’ since and ‘is proving to be one of the best performing people in his platoon’.
Outside court Detective Constable Andy Palmer said: ‘This is the most violent piece of CCTV footage I have seen in ten years as a police officer and it is extremely fortunate the victims were not more seriously injured. This case highlights the horrors of alcohol-fuelled violence.’
‘On that night, he was a devil’