Student cleared of GBH charge after drunken fight

AN Exeter University student is free to carry on his studies after being found not guilty of deliberately fracturing a drunken man’s skull in a fight.

Hugo McDonald was cleared of causing grievous bodily harm with intent by a jury at Exeter Crown Court after a three-day trial at which he said he acted in the heat of the moment.

He had already admitted the less serious offence of inflicting grievous bodily harm and was given a suspended jail sentence which will enable him to continue with his psychology course.

Judge Peter Johnson said he hoped the university will allow him to start his third year when courses resume next month.

He said: “It would be entirely appropriate for him to continue so he can put this behind him and carry on living a law-abiding life.”

McDonald’s former housemate David Birley, who dropped out of his politics, philosophy and economics course after the incident, was found not guilty of affray.

The jury took only an hour to reach their decisions after hearing from both defendants that they had been attacked by two other drunken masters’ degree students after leaving the

Lemon Grove student club at around 2.20am. They had both spent the night drinking with fellow players from the University Engineers rugby team and Birley wore a shark costume for some of the night as a forfeit for not drinking fast enough. The rules of the rugby club required all students taking part to drink 10 cans of beer or lager before leaving their halls of residence to meet up at a pub and moving on to the Lemon Grove.

The judge described the evening’s activity as a kind of initiation ceremony.

The victim of the attack was postgraduate student Matthew Jackson, who had spent the night drinking with his friend Mark Rose at the Lemon Grove.

They left at 2.20am on Sunday October 20, 2019, and CCTV showed a series of encounters between them and a group of three freshers comprising of McDonald, Birley, and Matthew Lee, who originates from Hong Kong.

The clashes ended with a fight on a path about 200 metres from the Lemon Grove in which Birley knocked out Mr Jackson with a single punch and McDonald then kicked him on the ground.

Mr Lee told the jury that they had all been attacked by Mr Jackson and Mr Rose and that he had suffered repeated racial abuse.

McDonald, aged 19, of Portland Street, Exeter, admitted causing grievous bodily harm but denied the far more serious charge of doing so with intent to cause grievous bodily harm. Birley, aged 25, of Kings Street, Exeter, denied affray. Both were found not guilty.

McDonald was jailed for a year, suspended for 12 months with 100 hours unpaid community work and £200 costs for the charge he pleaded guilty to. The judge told McDonald: “I am entirely satisfied that the complainant Mr Jackson and his friend Mr Rose were the aggressors and they attacked you and caused injuries to Mr Birley’s face.”

During the trial, McDonald, whose father is a solicitor and mother a teacher, told the jury he had just turned 18 at the time, and was living away from his home in West London for the first time. Birley, whose parents are both doctors, and whose mother is an adviser to the Welsh government, said he acted solely in self defence.