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Soldiers' dressing down from judge at Canterbury Crown Court after former Howe Barracks squaddie cleared of wounding

Howe Barracks in Canterbury
Howe Barracks in Canterbury

A former squaddie has told how he smashed a window and used a piece of glass to defend himself during a street punch-up in Canterbury city centre.

Joseph Nicol – who had spent five years at Howe Barracks – revealed how he severed three tendons in his hand in the incident and later needed 10 stitches to the wound.

The prosecution claimed he had used the shard of glass to cut a man's face, but he was acquitted of wounding.

But as the jury announced its not guilty decision, two men – friends of Mr Nicol – shouted obscenities and were thrown out of court.

The men, who are serving with Mr Nichol's former regiment, the Argyll and Sutherland Highlanders, were then ordered to return to be given a stern dressing down by Judge Simon James.

He said: "This city has a long tradition of having sympathy with the military and I for one, along with many others, feel that it is a great shame that when your regiment leaves these barracks, there will no longer be a presence of the army in this city.

"But you have a responsibility to yourselves and to your regiment to act appropriately. Your outburst and your language were entirely unacceptable, not only in a court of law but to any military establishment."

"Your outburst and your language were entirely unacceptable, not only in a court of law but to any military establishment..." - Judge Simon James

He then ordered the pair, who had stood shame-faced in the public gallery during their reprimand, to leave the Canterbury Crown Court building.

The judge also refused an application for Mr Nicol's travelling costs from Scotland to be paid from the public purse – despite the acquittal.

He said: "I am not prepared to do that because even on his own account he was conducting himself in a quite shameful way."

Mr Nicol, who had been serving in Afghanistan prior to the incident, told how he had been out of a pub when he was set up on by three men.

The soldier – who had become separated from his sweetheart, Sophie Griffiths – said he was backed into Castle Street and found himself standing near Connells estate agents.

The 34-year-old told the jury how one of the men threatened to "cut him" and produced what he feared was a knife.

In desperation, he smashed the estate agent's window and grabbed a shard of glass to defend himself.

But the soldier, who now lives in Falkirk, denied allegations he used the glass to cut the face of Neil Wallis during the street fight in September 2011.

He said that in smashing the glass, he severed tendons in his hand and had to hold it "like pincers" between his finger and thumb.

Judge Simon James told Nina Hughes she was "testing his patience"
Judge Simon James told Nina Hughes she was "testing his patience"

Mr Nicol said he then wielded it to force the three to back away so he could escape – but denied ever using the glass to strike anyone.

The prosecution claimed there had been a bust-up in the Beer Cart Arms when Mr Nicol was thrown out into Beer Cart Lane.

The former soldier said he had been hit over the head in an unprovoked attack and while he waited outside he saw his girlfriend being struck.

He said: "We had been planning to go to the Chemistry nightclub later and I had drunk only two pints and was on my third.

"I was then hit on the side of the head and I got grabbed by a bouncer and thrown outside."

He said fights then broke out and he and a friend went to get into a taxi to go to the nightclub, but was attacked by a group of men.

Mr Nicol had pleaded not guilty to wounding Mr Wallis with intent to cause him serious harm.

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