Spalding club attack was on the wrong man, court told

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It may have been a case of mistaken identity when a Spalding man attacked someone in a town nightclub, leaving him with a suspected broken nose.

Mark Gay was involved in an altercation at Loaded in the early hours of May 24, but then attacked Jason Powley, who wasn’t the man in the original dispute, prosecutor Nick Todd told Boston magistrates.

“It may well be a case of mistaken identity,” said Mr Todd. “They don’t know one another but they have mutual friends and associates and they are happy to state that Mr Gay didn’t intend to assault Mr Powley.”

CCTV showed Gay bring down an empty, polycarbonate ‘glass’ on the back of Mr Powley’s head, which caused a small cut, and head butting him.

Mr Todd said a nurse practitioner at Johnson Community Hospital told Mr Powley to return to have his nose reset once the swelling had gone down.

He said there wasn’t a medical report on file to confirm Mr Powley’s nose was broken.

Presiding magistrate Ann Harrison said: “This is a serious assault on an innocent party with an empty ‘glass’ and thankfully it was a plastic ‘glass’ – it could have been really, really bad had it been glass – and you also head butted somebody. Because of the seriousness of this attack we are making a suspended sentence order for a period of 12 weeks. This is a custodial sentence but we are prepared to suspend it.”

The jail term is suspended for a year.

Gay (25), of King’s Road, must pay £500 compensation to Mr Powley, £85 prosecution costs, an £80 victim surcharge and a £180 court charge.

He pleaded guilty to assaulting Mr Powley, causing actual bodily harm. The court heard he previously received a 42-month sentence for wounding.

Solicitor Daven Naghen said Gay and Mr Powley later realised they had friends in common and reached out to each other to simply say “this should not have happened”.

Mr Naghen said: “He is somebody who has very much tried to put his life back together after a period of imprisonment. He is someone who very much didn’t want to come back to court and has made an error of judgement on a night out.”