A MAN who has admitted attacking another customer as he was making his way from a pub, disputes the prosecution account of the build up to the incident.

Alan Kerr accepts punching the other man who was leaving The Wicket Gate, in Front Street, Chester-le-Street, on March 9, last year.

The victim fell unconscious, suffering a fractured and swollen left cheek, plus swellings and lacerations to his left eye and nose.

While the defendant admits inflicting grievous bodily harm, his basis is not accepted by the Crown.

Kerr claims there was provocation as the complainant made sexualised and racist remarks overheard by the group he was drinking with.

But, Jonathan Harley, prosecuting, said after referring that basis to the reviewing case lawyer it was not considered acceptable.

“The complainant may well have been obnoxious and made a nuisance of himself, making himself unwelcome, but not anything more than that.

“He certainly rejects any suggestion he was racist in anything he said to the defendant or anyone he was sitting with, or that he engaged in making any reference to sexual activity.”

Judge James Adkin asked both parties to put their version of events in writing and the case would be adjourned for a trial of issue to be followed by sentencing of the defendant, on a date to be set.

But he remanded Kerr, of Baden Street, Chester-le-Street, in custody in the intervening period.