Brothers guilty of attacking barman in pub (From The Argus)

Brothers guilty of attacking barman in pub

4:38pm Saturday 21st July 2007 in News By Nigel Freedman

Two middle-aged brothers have been convicted of taking part in a drunken pub brawl.

Ian and Martin Merritt attacked a barman - even though Martin Merritt was on crutches.

But their older brothers Graham and Stephen were today cleared of causing Darren Penticost actual bodily harm.

Violence flared after Ian Merritt was involved in a misunderstanding over some banter at the Red Lion Inn in Slinfold, near Horsham.

Graham Merritt was accused of taking a swing at Mr Penticost and missing, Brighton Crown Court heard during a five day trial.

Mr Penticost was said to have punched him on the nose, knocking him to the ground.

Martin Merritt, who broke his leg in a car crash, straddled the barman using his weight to pin him to the ground and held him round the neck with both hands.

Ian Merritt then punched Mr Penticost who was left with a black eye and bruises to his head, body and neck.

It was also alleged that the barman was kicked while he was on the ground.

Drinker Ian Fudge told the jury he was involved in a row with one of the brothers shortly before the brawl in the early hours of February 5 last year.

He said he was having a laugh and making gestures at the landlord about how long he would have to wait to be served.

Mr Fudge said Ian Merritt took offence and thought he was making fun of his brother Martin.

Graham Merritt, 53, of New Road, Southwater, said he met his brothers at the pub for a drink because it had a late licence that night.

He said he got up to go to the toilet near closing time and could remember nothing more until he came round on the floor.

Martin Merritt, 48, of Street Field Road, Slinfold, claimed he got back from the toilet to find his older brother on the floor.

He claimed he fell on top of Mr Penticost and had struggled to get off him.

Ian Merritt, 46, of Castle Road, Broadbridge Heath, claimed he was standing by the pub door and did not see the trouble start.

He said he went to see what was happening and was pushed outside.

Stephen Merritt, 55, of Cook Road, Horsham, also denied causing Mr Penticost actual bodily harm.

Ian and Martin Merritt were each fined £500 and ordered to pay £250 costs after they were found guilty.

Judge Guy Anthony said he accepted that only hands and fists were used in the attack.

He added: "You are both far too old to indulge in this sort of pub fisticuffs.

"If I had been satisfied that you had been involved in putting the boot in on one man lying on the ground you would be going to prison."