A JUDGE has accepted an impassioned plea from the Army to spare a soldier from prison - after hearing how the country is suffering from a severe shortage of soldiers.

The Northern Echo has learned that the Army is 5,000 under full strength and the problem is compounded by thousands of troops being committed to peace-keeping duties around the world and the continuing troubles in Iraq.

Yesterday, the crisis was underlined when Sergeant John Smith avoided jail despite attacking an innocent passer-by during a town centre disturbance - his third conviction for violence.

Smith, based at Catterick Garrison, North Yorkshire, was fined and ordered to pay his victim compensation.

His commanding officer told the court a prison sentence and his inevitable dismissal would be "a tragic loss" to the Army.

Major Gary Deakin said a soldier of 30-year-old Smith's experience was needed for a forthcoming tour of Kosovo and a return to Iraq for his regiment next year.

Smith was part of a 135-strong company from the First Battalion Kings Regiment, which spent five months in Basra restoring law and order following the collapse of Saddam Hussein's regime last year.

He returned to his barracks on November 12 - four days before he attacked William Wells in an alley in Richmond town centre following a night out drinking.

Smith, who lives in army accommodation with his wife and two children, would have lost his home and his career if he had received an immediate or suspended prison sentence.

He pleaded guilty to wounding Mr Wells, 30, and Judge Anthony Briggs fined him £1,000 at Teesside Crown Court, and ordered him to pay £1,000 compensation and a total of £800 costs

Judge Briggs told Smith: "You behaved quite disgracefully on that night. This is your last chance. If you behave in this way again, whatever the mitigation, you will lose your liberty."

The judge heard that Smith was convicted at a magistrates' court in Wales in 1998 for assault and affray and received an 80-hour community service order.

Two years ago, he was reduced to the rank of lance corporal when he was court-martialled for causing actual bodily harm, but subsequently regained his rank.

On the night of the assault in Richmond, Smith had been out with his wife and another couple when his friend was attacked by another man.

Mr Wells walked past as the disturbance escalated and got caught up in the violence, being repeatedly punched and kicked by Smith, and knocked unconscious.

The court heard how Smith had not had alcohol while out in the Gulf and has since shown some signs of post-traumatic stress.

Maj Deakin told how the soldiers faced daily "lethal action" while trying to control an area with a population of 200,000.

"It was a particularly demanding tour following the collapse of the regime," Maj Deakin said. "He did particularly well on that tour.

"As a soldier he is particularly competent. He knows his staff and is very well qualified in all sorts of disciplines.

"He is very well respected by his men. He cares for them and leads them well."

Smith's barrister, Dan Cordey, asked what a prison sentence would mean to the Army. Maj Deakin said: "It would be a tragic loss for us. I don't have any replacements. We are already under-manned quite badly."

About 48,000 service people - a quarter of the armed forces - are serving in places such as Iraq, Kosovo, and Afghanistan.

An Army spokeswoman said: "The Army is currently suffering a shortfall of manning of around 5,000 people.

"This, combined with the number of ongoing operations, puts pressure on the manning of all units, meaning every soldier is more valuable than ever."

Meanwhile, about 21,000 US soldiers due to have returned home from Iraq this month have been told they will remain in the country for another three months because of the worsening security situation.