Pub doorman found not guilty of GBH
Max Jenkins, 28, acted in self defence against drunken man
A Scarborough doorman has been cleared of inflicting grievous bodily harm on a drunken pub-goer.
Max Jenkins, 28, had been accused of using excessive force as he tried to get the rowdy reveller to leave the former Barbican pub in St Nicholas Street.
Mr Jenkins pushed the man who fell to the ground and fractured his elbow as he put his arm out trying to break his fall. Police gathered CCTV footage of the incident and arrested Mr Jenkins.
The doorman appeared for trial last Wednesday morning but not long after barrister Michael Bosomworth opened the prosecution case, Judge Paul Batty QC told the jury they could retire and consider a not-guilty verdict before the defence case was opened. By lunchtime the jury had returned a not-guilty verdict.
Mr Jenkins’ acquittal followed viewing of the video footage which showed the complainant refusing to leave the pub despite being asked to do so by door staff.
Mr Jenkins, of St John’s Avenue, had to wait over two years to have his name cleared. The incident, which took place outside the pub doorway just after midnight, occurred back in March 2014.
Mr Bosomworth said the drunken man had been ejected from the pub after getting into an argument with his partner’s friend which resulted in some “pushing and shoving” between the pair.
But after being ejected, he became aggressive and started shouting and swearing when asked to leave.
“He (Mr Jenkins) said he thought the man was about to head-butt him and that he acted instinctively by pushing him away. He said all he was doing was defending himself,” said the prosecutor. He added that the complainant continued to be rowdy even after falling to the ground and injuring himself. He picked up a metal pole and threw it at the defendant or towards other doormen, though it didn’t hit anybody,” said Mr Bosomworth.
Mr Jenkins was charged with GBH on suspicion that he had used excessive force and gone too far in trying to get the mantoleave.
But the jury found that Mr Jenkins did not use excessive force and duly returned a notguilty verdict.