AN ex-soldier said to be suffering post traumatic stress disorder launched an attack on his next door neighbour in front of shocked children at a Kirkby primary school.
Mark Daniel Evans, 32, threw punches at Andrew Woodley before repeatedly kicking him in the head in the grounds of Park Brow Community Primary School, Broad Lane.
The victim suffered cuts and bruises.
Evans, of Kirkby Row appeared at Liverpool Magistrates’ Court yesterday after pleading guilty to assault occasioning actual bodily harm at an earlier hearing.
Deputy District Judge John Maxwell said: “There is some history between the parties. This complainant is described, to use the colloquial, as the neighbour from hell. These are serious underlying factors.”
The court heard although there was a history of disputes between the men, it was not known what triggered the attack.
Both had been at the school to pick up their children at the time of the offence.
The court heard although Evans pleaded guilty to the offence, there is dispute over whether Mr Woodley was holding his two-year-old child at the time of the attack.
The prosecution allege that the force of Evan’s punches caused the victim to drop the toddler, but Evans denies he was holding the child.
A Newton Hearing – when a judge rules on disputed facts if they are likely to effect the length of sentence – is due to take place to decide the issue.
Angela Blackmore, prosecuting, said the offence took place in the grounds of a school and there were numerous children present, whether or not Mr Woodley was holding the toddler.
Stephen Polson, defending, told the court Evans had served six years in the 1st Battalion King’s Regiment, completing tours in Afghanistan, Iraq, Kosovo and Northern Island.
He said: “He has witnessed some life changing scenes and he tells us he has been diagnosed with Post-Traumatic Stress Disorder.”
Judge Maxwell said the offence “clearly passed the custody threshold” and passed the case to Liverpool Crown Court.
He told Evans: “This offence is, on the face of it, very serious and committed in aggravating circumstances. It seems to me my sentencing powers are not appropriate in this case.”
A sentencing date has been set for October 21 at Liverpool Crown Court.
Source: http://www.liverpoolecho.co.uk/