Nightclub manager jailed for punching pensioner (From Wilts and Gloucestershire Standard)

Nightclub manager jailed for punching pensioner

4:54pm Friday 18th May 2007 in News By Standard reporter

CIRENCESTER nightclub manager Giuseppe Vitale, 25, has been jailed for 18 weeks today after losing his appeal against conviction for a road rage attack on a pensioner.

Vitale, of Minety, was convicted at Gloucester Magistrates Court on November 3 last year of assaulting Bernard Stratford but immediately lodged an appeal against both the conviction and the sentence.

He argued he had not assaulted the pensioner in Siddington last summer.

But appeal Judge Jamie Tabor, flanked by two magistrates, did not believe his story, dismissed the appeal, and sent Vitale straight to the cells from the dock.

The court heard how the attack happened outside the post office in Siddington after the two drivers had been "sparring" with each other along country roads.

Vitale became frustrated at the 79-year-old's speed and overtook him, before blocking his path, getting out and assaulting him.

Mr Stratford told the court: "This car overtook me and came past blowing its horn. I blew my horn back because I thought it was someone who knew me. I could see it was a man and he was gesturing with his hands."

Mr Stratford said the car then stopped but as he tried to overtake, the hatchback carried on - keeping Mr Stratford in the right-hand lane.

"Then he pulled across to the right hand side of the road, dropped his speed and edged me onto the pavement," said the pensioner.

When they arrived in Siddington Vitale stopped outside the post office, blocking the road, and got out and came up to Mr Stratford's green Ford Focus.

"I didn't even look at him and closed my window up but he pulled open my door. I said 'what do you think you're doing?'. He said 'what the ******* hell are you doing - trying to kill someone?'" recalled Mr Stratford.

"That's when he punched me and then slammed the door with my foot outside and went back to his car," he continued.

The pensioner said the assault left him badly shaken up, with a bruise behind one of his ears and a very sore leg.

Two witnesses saw the assault. Peter Gibbons, watched it unfold from his first floor window.

"I saw two or three punches go through the car connecting with the elderly gentleman's head. They were quite hard as I saw that the gentleman's head moved as they connected."

Passing driver Karen Carter said: "He appeared to punch the man twice and then went back to his car and drove off."

Vitale told the court he had overtaken but had not used his horn.

"When I got in front of him he started flashing his lights. I thought there was a problem with me or the car," he said.

Vitale said that once he had overtaken, it had been Mr Stratford who had pulled alongside him - matching his speed, and trying to edge him off the road.

He admitted that he stopped in Siddington and confronted the pensioner about what he considered "reckless" driving.

He denied punching him or slamming the door on his leg.

After a discussion, Vitale said the pensioner had stuck his leg out of the car.

"I thought he was going to grab me," he said, and told how he had pushed him back once, but not punched the pensioner.

After hearing the evidence Judge Tabor dismissed the appeal.

Judge Tabor said: "There is no mitigation for this. The sentence was entirely justified and correct."

He sentenced him to 18 weeks inside, less eight days already served and made no order for costs.