The former Labour MP Mike Amesbury has walked free from prison after winning an appeal against his 10-week sentence for punching a constituent to the ground during a drunken row.
The Runcorn and Helsby MP returned to Chester Crown Court in a prison van on Thursday, wearing handcuffs, after he was dealt an immediate jail term on Monday which saw him spend three nights at HMP Altcourse.
Granting the appeal, honorary recorder of Chester Judge Steven Everett, sitting with two magistrates, imposed another sentence of 10 weeks’ imprisonment but suspended it for two years.
His defending lawyer, Daniel Travers, described the politician’s three nights in prison as an unforgettable experience and promised: “This is a man who will certainly rehabilitate. He will learn a very painful lesson.”
Outside of the Crown Court, Amesbury, 55, said: “I’d like to reiterate that I sincerely apologise once again to Mr Fellows and his family. I’m now going to go and see my family, and go home, and I’ll give a statement at a later stage.”
He ignored questions from the media about whether or not he would resign.
Amesbury pleaded guilty to assault in January, after he punched Paul Fellows, 45, following a disagreement in the street over a bridge closure.
The incident occurred in Main Street in Frodsham, Cheshire, in the early hours of 26 October, after Amesbury had been drinking. Upon arriving at a taxi rank, he was approached by Mr Fellows who began to complain about a bridge closure in the town.
Footage showed Amesbury punch Mr Fellows to the head, knocking him to the ground, then follow him onto the road and start to punch him again, at least five times.
He was heard saying: "You won't threaten your MP again will you, you f****** soft lad?"
Amesbury said, when arrested, that he had acted in self-defence and suggested he felt “threatened” and “intimidated”, the court heard.
Amesbury has been ordered to carry out 200 hours of unpaid work, undertake a 12-month alcohol monitoring requirement, go on an anger management course and carry out 20 days of rehabilitation work.
His sentence leaves the former Labour politician at risk of being ousted if his constituents back a petition calling for a by-election.
Constituents have expressed their anger about Amesbury’s actions, with one pensioner Reg Jones, 74, telling The Independent: “I absolutely would not welcome him back as an MP.”
Some people even said that 10 weeks wasn’t long enough.
Carer Danny Neville, 55, said: “I think it's maybe a little short, but I'm glad he's actually been punished in some way.”
When he was sentenced at Chester Magistrates’ Court, District Judge Tanveer Ikram said: “In this case an immediate custodial sentence is, in my judgment, necessary as a punishment and a deterrent.”
Amesbury’s defence lawyer requested the judge come back into court so he could make an application for bail for Amesbury, pending an appeal against his sentence. Judge Ikram refused the application.
The MP has been sitting as an independent since he was suspended from the Labour Party following his arrest in October last year. It is understood he will not be reinstated to the party.
MPs have called on Amesbury to “do the honourable thing” and step down immediately so a by-election can be held.
Critics were outraged when it emerged Amesbury would continue to earn his £91,000 salary until he ceases to be an MP.
Home secretary Yvette Cooper said on the Today programme: “Everything that has happened is unacceptable here. It is why the Labour Party took action immediately to stop him being a Labour MP and stop him being in the Labour Party.”
Following Thursday's hearing, a Labour Party spokesperson repeated a statement made earlier this week in which they said: "Local residents in the Runcorn and Helsby constituency deserved better and we look forward to them getting the representation they deserve in the future with a new Labour MP."
