An inmate punched a prison officer in the face because he didn’t like being prodded in the chest, a court has heard.
Anthony Pearce admitted punching the officer “in frustration” because he would not let him use a phone.
But despite claiming he had acted in self defence, he was convicted of assault occasioning bodily harm following a trial at Cardiff Crown Court .
Unprovoked
Judge Patrick Curran QC said: “Your complaint was that you had been punished by the prison authorities, but that was in no way proportional to the gravity of assaulting a prison officer when he is doing his job.”
The court heard Jon Edwards, an officer at Cardiff Prison, was on the early shift when Pearce launched his attack last November.
Pearce came out of his cell wanting to use the prison phone, but the officer told him he would have to wait until after lunch.
Mr Edwards, who has since retired on medical grounds, described the attack as “unprovoked” and “unexpected”.
BROUGHT TO JUSTICE
He said: “His response was aggressive and escalated to shouting, swearing and name-calling. He was shouting at me for about 10 minutes.
“I told him I would have to press the alarm bell. I went to press it and assume he was behind me. He struck me on the left side of my head.”
Mr Edwards told the court he did not raise his voice and was “calm” and “professional” throughout.
Suspected fracture
The officer was taken to hospital and treated for a suspected fracture to his cheek, along with swelling, bruising and an elbow injury.
The court heard Pearce has been remanded in custody for a burglary when the incident occurred, but was later acquitted of that offence.
Giving evidence at Cardiff Crown Court, the 32-year-old from Rumney Street, Cardiff, said: “I hit him because I needed to phone my solicitor. He had been prodding me in the chest and I felt threatened. I told him I would knock him out.”
During cross-examination by prosecutor Nigel Fryer, the defendant shouted: “Are you going to keep asking me the same question? You’re boring me. This is boring me.”
Pearce was arrested on May 22 and chose to remain silent when questioned by police.
Summing up, Judge Patrick Curran QC said: “The defendant has relied upon the following facts, as he presents them. Firstly that Mr Edwards repeatedly poked and prodded him in the chest. Secondly, that these actions made him fear for his own safety and that was the reason he struck the blow.”
Guilty
He added: “There is no issue with the fact that violence was used. The defendant admits that he punched Mr Edwards. But a blow stuck in self-defence is not a crime. It is good sense that a person who genuinely believes that he is either under attack or about to be attacked by another person may use such force as is reasonable and proportionate to defend himself from attack.”
For full story see - http://www.walesonline.co.uk/news/wales-news/inmate-punched-prison-officer-face-10274337
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