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Tuesday, 02 September 2014

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Cumbrian man tells of moment he was attacked in his home

A man told a jury of the moment two men burst into his Flimby home and attacked him.

David Wilson, of St Helen’s Avenue, suffered bruising to his face and eye, and pain in his lower back after the attack on June 30 last year.

At Carlisle Crown Court yesterday, Mathew Adam Taylor, 20, of Sandy Lonning, Flimby, went on trial accused of assault occasioning actual bodily harm and criminal damage.

The other man said to be involved in the incident, Kevin Brough, has since died.

Mr Wilson told the court: “Kevin (Brough) was in the process of buying a TV off me but he hadn’t paid for it. On the night of June 30 I’d had some friends round and they’d left about 10pm. I was just letting the dog out and getting organised to go to bed when Kevin came through the door shouting.

“There was a scuffle and he pushed me and I went down. I got back onto my feet again and pulled his top over his head.

“There was another scuffle and we both ended up on the floor.

“Mathew Taylor then kicked me in the head and lower back with his feet.”

Mr Wilson managed to get the two men out of his house and into the garden where they continued to shout.

The court was told that the noise was so loud that Mr Wilson’s sister, Jenny Johnstone, could hear it where she lived – next door but one. She told the court that she rang her brother to see what was going on.

Mrs Johnstone said: “There was noise and shouting and thudding as if someone was kicking something.

“I rang my brother and he didn’t answer at first but then I got him and he said he’s been battered. I told him I was on my way.

“When I got to his house he was shaking. He was a mess. His eye was all bulged out. He just wasn’t himself at all.”

Mr Wilson said Taylor was in his house for about 10 minutes.

In mitigation, Greg Hoare argued that it was a case of mistaken identity and that Taylor was not the person who attacked Mr Wilson.

Taylor said he had not been anywhere near Mr Wilson’s house on the night in question.

He said: “I’ve done nothing wrong. I’ve got no grudge against Mr Wilson. I’m not aware of any grudge over a TV – as far as I knew they (Kevin and Mr Wilson) were friends.”

Taylor told the jury there could have been “dozens of people” his age, size and build knocking around Flimby at that time of night on June 30.

“It’s a case of mistaken identity, it’s easily done,” he said.

However, prosecutor Patrick Buckley told Taylor:“What you are saying is a load of rubbish. You went round with Kevin to give Mr Wilson some grief.

“You kicked a man when he was down on the floor in the head and the chest and then scooted off out of the door.

“Your story is all made up.”

Taylor replied: “You’re mistaken.”

The judge is expected to sum the case up this morning before the jury retires to consider its verdict.

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