AN attack victim has vented his anger that a former colleague who carried out an unprovoked assault on him escaped an immediate prison sentence.

Michael Munro was speaking after Martin Arthur Fallon received a seven-month prison sentence, suspended for 18 months, at Durham Crown Court last week.

Although he told police he could not recall the incident due to the amount he had been drinking, the 20-year-old defendant, of Gilesgate, Durham, admitted assaulting Mr Munro, causing actual bodily harm, at Peterlee Magistrates’ Court, last month.

The magistrates sent the case to the crown court for sentence.

It followed an incident outside a pizza shop, where Fallon formerly worked, in Framwellgate Moor, Durham, on October 7 last year.

Fallon, who had been drinking at a nearby pub, made a disparaging remark about Mr Munro, as he and the shop manager were locking the premises at the end of the night’s business.

The court was told the comment was, “completely untrue”, and Mr Munro, a delivery driver for the business, ignored it and continued walking to his car.

Fallon attacked him from behind, punching and kicking him, and both went to ground, exacerbating a previous knee injury Mr Munro from which he was recovering.

Although the manager managed to pull Fallon off Mr Munro, he repeated the assault, before the boss again intervened.

The court heard 51-year-old Mr Munro suffered a hair-line cheek fracture, facial bruising and swelling, including black eyes, and has since taken a week off work for further surgery to his knee.

Fallon was ordered to pay Mr Munro £535 compensation for loss of earnings and his broken glasses, and was also been made subject of a five-year restraining order forbidding him contacting Mr Munro.

Despite that, Mr Munro said he felt Fallon should have been jailed.

“I’m angry he’s not got two or three years.

“This is a lad of 20 jumping a man of 50 from behind, and then had another go.

“I’ve had lots of trouble with my knee, but effectively it’s now ‘knackered’,” said Mr Munro, who now has discomfort walking.

“The court heard this was one of three times he was in trouble with the police and the magistrates sent the case to the crown court because they couldn’t give him what he deserved.

“I was brought up to obey the law and I’ve never been in trouble with the police, but I feel so let down at what’s happened.”

Despite his frustration at the sentence, Mr Munro did, however, thank the police for the, “absolutely fantastic” way they dealt with the case.