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Tom Barnes cleared of assault following alleged attack at The Playa in Minster

17:36, 14 February 2019

updated: 13:03, 15 February 2019

A man accused of carrying out a vicious assault at a beer festival has been cleared by a jury.

Tom Barnes was alleged to have attacked Mark Payne at The Playa pub on the Leas in Minster, leaving him with a fractured eye socket and broken nose.

The victim said he was leaving the bar with a pint of cider in each hand when he was nudged into another man.

The Playa pub
The Playa pub

“He was quite aggressive,” he told Maidstone Crown Court.

“I tried to apologise. He gave me a lot of abuse. He was obviously upset.

“He became quite irate, calling me a number of words. I tried to reassure him it was an accident. I felt a punch to the left side of my face.

“A lot of the drink had been spilt. And then there was this almighty blow to the back of my head. I have no memory after that.

“The pub is more or less on the seafront. I can remember the tide was out. The next thing I remember, I was in hospital.

“I felt groggy and lightheaded. Nothing seemed to make sense. My vision was blurred. I didn’t see the person who caused the blow to the back of my head.”

Mr Payne’s partner Joanne Morgan said he returned from the bar and said he had been punched in the face.

"I didn't attack him from behind... I didn't want to cause him injury" - Tom Barnes

“A man came along and punched him again in the head,” she said.

“I saw a gentleman with dark hair wearing shorts. Mark stumbled and then fell over.

“He managed to get up and then the man threw another punch and knocked him to the ground again.

"The man got on top of Mark and repeatedly punched him in the face.

“Other people managed to pull him off and he just disappeared. Mark was covered in blood.

"His face was swollen. He was bleeding profusely from his nose and mouth.”

Mr Barnes, of Southsea Avenue, Minster, denied unlawful wounding, claiming he acted in lawful self-defence.

Maidstone Crown Court (7197897)
Maidstone Crown Court (7197897)

The 26-year-old said he was not involved in the earlier incident in the bar, but later “stupidly” put his finger in Ms Morgan’s drink for a prank.

He claimed Mr Payne was angry and punched him. He said they both fell on the ground.

He then walked off and Mr Payne was assaulted by other people, he added.

Mr Barnes denied in evidence that he launched an unprovoked attack on Mr Payne.

“It isn’t true,” he said.

“I didn’t attack him from behind. I didn’t want to cause him injury.”

Ms Morgan said she did not recall anybody putting their finger in her drink, adding: “It didn’t happen.”

The jury returned a not guilty verdict to the charge.

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