Soldier fined for Scarborough bar fight.

York Crown Court
York Crown Court

A soldier has been ordered to pay £1,000 compensation to a man whose cheekbone he fractured when he punched him in a Scarborough pub.

A soldier has been ordered to pay £1,000 compensation to a man whose cheekbone he fractured when he punched him in a Scarborough pub.

Leeds Crown Court heard the victim Daniel Aguilar was with a friend in the Quids Inn public house on March 14 last year and was sitting at a table when Jordan Gillen suddenly punched him in the face.

The blow knocked him to his knees and he covered his face with his hands while Gillen was pursued outside and detained.

Joanne Shepherd prosecuting told the court in addition to his cheekbone being fractured Mr Aguilar’s eye was swollen and a tooth was broken. He had to have dental treatment and lost earnings while he was off work.

When questioned by police Gillen said he had been punched by somebody and had reacted.

Charles Blatchford representing Gillen said he did not totally remember what had happened but fully accepted the person who punched him was not Mr Aguilar. “He would like to apologise to him,” he said.

He admitted in his pre-sentence report that he what he had done to him was “bang out of order”.

He was due to leave his engineering regiment soon and they were helping him get ready for civilian life, help which would be lost if he was given a jail term and dishonourably discharged.

Gillen, 23 of Manham Hill, Eastfield, Scarborough admitted inflicting grievous bodily harm and was given a 12 month community order with 200 hours unpaid work and a 30 day activity requirement. He was ordered to pay £1,000 compensation to his victim and barred from the Quids Inn for two years.

Recorder Jeremy Hill-Baker said Gillen had believed he was under attack and reacted to defend himself. “Unfortunately for Mr Aguilar, who was the person he struck, it was not he who had set about Mr Gillen and he is a wholly innocent participant in this sorry affair.”

“What you did in the heat of the moment in drink is your responsibility, it is no excuse you got yourself so drunk you did not know what you were doing. You caused unpleasant injuries to an innocent bystander striking him a hard blow in the face.”

He said Gillen had seen service in Germany and Afghanistan and was due to leave the army in the near future, if he was dishonourably discharged that would no doubt make re-employment “an uphill struggle.” He could avoid a jail term but must pay compensation.