Publican cleared of assault

10:31pm Thursday 15th May 2008

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A PUBLICAN walked free from court today after being cleared of alleged assaults on would-be late-night customers.

Paul Rushton bit one man's nose and punched another in a disturbance outside the Hat and Feather, near Consett, County Durham.

Durham Crown Court heard that the incident arose after he refused to serve three men, including his then Sunday chef, when they arrived at the premises at 11.45pm on Friday September 7, last year.

They had just been dropped off by taxi following a night out in Corbridge, Northumberland, and entered as Mr Rushton was overseeing a karaoke session.

The court was told that although the pub has a 1am licence, Mr Rushton operates a 10pm 'curfew' after which no new customers are allowed entry.

He told the trio they knew the house rule and were, "taking the p***", before ushering them outside, where the altercation took place.

The prosecution alleged he lost his temper and claimed his actions were "over the top" as he was under no threat.

But Mr Rushton said he had no choice but to act as he did, after coming under attack by the trio, who he said were angry at being refused entry.

He said he was merely defending himself after he was dragged backwards across the pub car park by one of the men, while the other two landed blows to the back of his head and shoulders.

Mr Rushton, 47, of Pont Road, Leadgate, near Consett, denied wounding one man with intent and assaulting another, causing actual bodily harm, claiming his actions were justified in the circumstances.

The jury returned 'not guilty' verdicts to both counts on the fourth day of the trial.

Following the verdicts, Judge Richard Lowden discharged Mr Rushton, telling him: "You're free to go."