A MAN accused of using a crutch in a pub garden attack has escaped an immediate prison sentence after the initial charges were, “left to lie on the file”.

Kenan James Samme was alleged to have struck a man over the head with the metal crutch, causing a scalp injury, amid violence which flared in the garden alongside Lacey’s, in Bishop Auckland, in the early hours of Sunday July 29, last year.

The 21-year-old defendant, of Weardale Walk, Shildon, denied charges of causing grievous bodily harm with intent and possessing an offensive weapon in public, at a Durham Crown Court plea hearing, in July this year.

A trial was fixed to be staged at the court, this week, and Samme was bailed on condition he did not contact prosecution witnesses.

But, following delays in the case getting under way due to witness difficulties, the Crown agreed to add a new third count, a charge of affray, to which Samme pleaded guilty.

Judge James Adkin passed a nine-month prison sentence, suspended for two years, during which he must carry out 150-hours’ unpaid work and take part in 15 probation-supervised rehabilitation activity days. He was also ordered to pay a £140 statutory surcharge.

The original two counts were “left to lie on the file”, not to be proceeded with without permission of the trial judge or the Court of Appeal.