A window cleaner glassed a man in a pub and hurled a chair at him after being racially abused.
John Joseph "saw red and lost control" after being subjected to racial abuse "of the vilest kind". But he walked free from Liverpool Crown Court today, Monday, over the "horrific" attack.
Anna Price, prosecuting, described how the 59-year-old was drinking in the Sporting Jester in Southport at around 5pm on July 30 2021 with his friends John Fletcher - a prison officer - and Michael Farrington. Anna Price, prosecuting, said James Murphy had also been frequenting the pub at the same time and began making "snide comments about screws" and calling Mr Fletcher "bent".
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When Joseph intervened, the complainant began racially abusing him - and threatening "I'm gonna get a knife and stick it in his face", as well as allegedly spitting at him. A "scuffle" broke out, with the defendant then seen on CCTV throwing a chair at his fellow drinker and hitting him over the head with a pint glass.
He then launched a second glass at Mr Murphy before grabbing hold of a third as he ran outside while continuing to hurl "very unpleasant" abuse and spitting at him again. Joseph, of Princes Street, later claimed under interview with police that he "feared he was going to be stabbed".
Meanwhile, Mr Murphy was taken to Southport Hospital after suffering a "nasty" 6cm cut to his head which had to be closed with staples. Joseph has his own window cleaning business and walked with the aid of a crutch in court after suffering a serious injury when falling from his ladder in the autumn of last year.
He has six previous convictions for 20 offences, including receiving three years for robbery and assault occasioning actual bodily harm in 1990. His last appearance came in 2019, when receiving a community order for public order matters.
Arthur Gibson, defending, said: "It was the complainant who got in Mr Joseph's face. Mr Joseph says he spat at him and called him a racial slur.
"Threats were issued, and that is what caused him to lose control. He simply saw red and he lost it.
"Eventually, Mr Joseph calmed down. He apologises for his behaviour.
"Despite his earlier life and criminal offences - which seem to have stopped, apart from isolated incidents - he has lived a hard-working, industrious life. The only reason we are here is Mr Murphy sought to goad and provoke the defendant, who simply wanted to sit quietly in the pub and have a drink.
"The comments made to Mr Jones, which made him lose his control, were of the vilest kind. It is easy for us to condemn racist behaviour, but it is only a person with the colour of skin of Mr Joseph who can know what it is like to continually be called a racial slur in a public place."
Joseph admitted unlawful wounding and was handed a 14-month imprisonment suspended for a year. He was also told to serve an electronically-monitored curfew from 7pm to 7am for three months and a rehabilitation activity requirement of up to 15 days.
Sentencing, Judge Neil Flewitt KC said: "It was a pretty horrific attack and it went on for quite a long time. But that is to view the incident out of context, and there is context to that attack.
"You were in the pub with friends, minding your own business when Mr Murphy began to goad one of your friends. When you became involved, you were the victim of vile racial abuse.
"Having put your criminal past behind you, you completely lost control on this occasion. The real question is whether appropriate punishment can only be achieved by immediate imprisonment.
"If it were not for the provocation, that would undoubtedly be the case. But the extent of the provocation in this case is such that I am just about prepared to say that the balance comes down on the side of suspending this sentence."
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