Six men sentenced after trouble in Welshpool
A judge has criticised the Crown Prosecution Service after a vicious attack on a drunk by four men was reduced to a common assault charge.
Judge David Hale called the CPS's decision "stupid" as he sentenced six defendants for charges of affray, common assault and possession of offensive weapons surrounding three separate incidents at Welshpool in December.
Patrick Stokes, 26, of Leighton Arches, Welshpool, who was found not guilty of threatening unlawful violence after a trial but pleaded guilty to common assault, affray and carrying a spade without lawful excuse in a public place, was jailed for four months.
John Gallagher, 21, of Leighton Arches, and Serafina Pinchero, 19, from Long Moutain, Welshpool, pleaded guilty to threatening unlawful violence and common assault and were each given an eight-month suspended prison sentence and ordered to carry out 100 hours unpaid work.
Three members of the same family, from Leighton Arches, received suspended sentences and two-month electronic tagging curfews.
John Power, 18, who admitted threatening unlawful violence was given a five-month suspended prison sentence; Jason Power, 21, who admitted threatening unlawful violence and common assault, received an eight-month suspended term, and David Power, 25, who pleaded guilty to affray and carrying an offensive hammer in a public place, recieved a four-month suspended prison sentence.
Prosecutor Paulinus Barnes said on December 15, five of the men – excluding Stokes – surrounded Charlie Birch at the Angel pub in Welshpool. During a scuffle "something made of glass" was smashed on Mr Birch's head and punches were swung.
Later that night Vadim Voronins, who was drunk after celebrating his birthday, went into a kebab shop where the group began to pick on him.
"Stokes shoulder-barged Mr Voronins, he was punched to the face and knocked to the ground," said Mr Barnes. "Blows were reigned down on him. Gallagher kicked him on the ground and Stokes held his head down while others punched him."
Judge Hale said he could not understand why the men were not facing a more serious assault charge. He said: "This is a stupid decision by the Crown, it is clearly an assault causing bodily harm at least. It is unacceptable that some of you attacked a drunken customer outside a kebab house, a man who was causing you no hassle, you just punched and kicked that man mercilessly."
The following Sunday, David Power and Stokes had arrived outside the Pinewood pub in Broad Street, Welshpool, and a confrontation broke out.
Philip Clemo, for Gallagher, said: "Gallagher is a young man who needs to think before he acts." He said Pinchero was a young man trying to look like an older man in front of others.
Defence barrister Oliver King said Jason Power was the carer for his wheelchair-bound sister.
All the defendents except David Power were barred from entering the Angel pub for two years, while David Power and Stokes were also banned from entering the Pinewood for two years.