Curry house assault man loses High Court appeal

10:11am Friday 7th March 2008

A Pennar man who claimed he acted in self defence when he punched a curry house worker in the face has failed in a High Court challenge against his conviction.

Mark Booth, 31, of Greenhill Road, Pennar, Pembroke Dock, was found guilty of common assault at Haverfordwest magistrates court last February.

He was given a 12-month community order and told to pay £150 compensation to Mohammed Sadiqur Rahman. He was also ordered to pay £100 costs.

Yesterday (Thursday), at London's High Court, Booth challenged the conviction, his legal team arguing that he had been acting in self defence after being hit with a baseball bat by a second man at the Made in India restaurant.

But Mrs Justice Swift, sitting with Lord Justice Richards, said the baseball bat incident was well and truly over by the time Booth struck Mr Rahman.

A witness who had an "uninterrupted" view said he did not think Booth had been acting in self defence.

The court heard that Booth had been watching the rugby in a pub on February 12, 2006, and admitted that he was "drunk" at around 10.30pm when he walked past the Made in India with his girlfriend.

Mrs Justice Swift said it was the prosecution case that Booth became "aggressive" to a member of staff, who was having a cigarette outside, and asked him "what he was staring at" and threw a punch, which missed.

After that, the member of staff then armed himself with a baseball bat as a deterrent said the judge, but Booth shouted "racial abuse" at him, and, approached him again. Mr Booth was then hit on the shoulder with the baseball bat.

In relation to that incident, Booth insisted he was not the aggressor and was not a racist.

The judge added that following the initial disturbance, Mr Rahman came outside, and was almost immediately struck by Booth in the left eye, without "warning or provocation".

Booth was ordered to pay £750 costs following his unsuccessful High Court challenge.

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