The Summary Court heard from several witnesses including the Complainant herself. They all recounted the early hours of Sunday 13th December last year as a taxi pulled up by the Town Hall to pick up a fare after a Christmas Party. A young woman was escorted into the taxi, but was so drunk that she had fallen into the back seat footwell. After some attempts to get her upright, the Complainant had assisted and it was then that the Defendant, Mr Luke Foggin, had used his forearm to push her back. The Complainant recalled him threatening her. After Mr Foggin had left the vehicle, the complainant had phoned the police.
In summing up the case, Crown Counsel, Mr Stuart Walker said that the court had heard 2 clear accounts of the incident and 3 witnesses describing the physical contact which had made up the assault.
Defence Lawyer Ms Alison Inglis said that her client did not recall touching the complainant at all, concluding that there was “too many inconsistences – it just doesn’t stack up.”
The Justices of the Peace gave their verdict after a lunch recess and found Mr Foggin guilty, saying that they had agreed that the force Mr Foggin used was a reaction to a situation and not pre-planned, but they were satisfied beyond reasonable doubt.
Mr Foggin was fined £325 and ordered to pay £850 in costs.