A 50-year-old man accused of spitting at a Bath supermarket manager and causing him to fear he would be subject to violence was repeatedly reprimanded for swearing during his trial.
The Morrisons store in Twerton
Andrew Eddy appeared at Bath Magistrates’ Court on Monday 29th September after pleading not guilty in May to assaulting Christopher Smithers, manager of the Morrisons store in Twerton, on 4th April.
Eddy had also denied using threatening, abusive or insulting words and behaviour with intent to cause Mr Smithers fear or provocation of unlawful violence.
Eddy gave his address to the court as that of his long-term partner in Wedmore Park, Southdown, but said that he also “sofa surfs”.
Outlining the prosecution’s case, Kevin Withey said that when Mr Smithers had told Eddy his custom was not welcome, he became angry. He spat in the manager’s face and insinuated he had a weapon of some sort in his trousers.
The court was shown CCTV footage of the incident.
The manager gave evidence in court saying he had spoken to Eddy “politely”. He said Eddy had made reference to having “12 inches in his pocket” which he was going to “wrap around his (Mr Smithers’) head”.
Mr Smithers said he felt threatened and scared. He said that Eddy spat at him from a distance of about one metre: “It hit me on the nose. You see me wipe it off.”
Eddy claimed however that he had spat on the ground.
Under cross-examination, Dianne Heys, defending Eddy, suggested to Mr Smithers that he had called Eddy a “robbing crackhead” and had got him confused with another person called Moggy, who carried a machete.
Mr Smithers said he did not know anyone called Moggy.
Giving evidence for the prosecution, customer Charlotte Stubbs said she became aware of an incident by the door on her way into the store and told Eddy: “You are a grown man. Why are you doing this?”
On the way out she said she heard a lot of “effing and jeffing” and Eddy was “pumping himself up to look bigger”.
She again asked him why he was behaving like that and he made a comment on her size, “and something about hitting or smashing me”.
Mrs Stubbs told the court she used to work in security and did not find Eddy very intimidating.
She also said she had seen him gesture to his leg with both hands and had mentioned “eight inches or something of that nature”. He inferred he was going to use whatever it was, although she said she did not see anything.
The court heard that a regular customer who lives nearby had called the police and had followed Eddy after the incident. He was the third prosecution witness but did not turn up for the trial.
In a statement, the police officer who responded to the call said he had drawn his Taser when he saw Eddy, having been told there was a possibility that he had a weapon.
Eddy had got to his knees and the officer was able to handcuff him. He was then taken to Keynsham Police Centre.
When Mr Smithers was giving evidence, Eddy moved seats in the dock to get a better view and glared and mouthed at him until being told by the chair of the bench to stop and return to his original seat.
On the witness stand, Eddy said that he had been to Morrisons to draw out some money from the in-store ATM so he and his “missus” could celebrate their birthdays.
He said the manager had got him confused with Moggy and he was being discriminated against. He said he had never carried a machete himself and (I) “don’t even carry a pen knife”.
He made a comment about the item in his trousers being his “d***”.
He claimed he was not puffing out his cheeks to spit in the manager’s face but to utter a swear word.
Eddy also asked the magistrates at one point: “Can I go out for a cigarette please?”
Where a defendant attacks another person’s character in court, evidence of his own bad character becomes admissible and during the trial Mr Withey said he wished to divulge Eddy’s previous convictions.
Eddy’s solicitor said she could not oppose the request and magistrates agreed to hear them.
Mr Withey subsequently revealed that Eddy had 41 previous convictions for 82 offences.
Finding Eddy guilty of both offences, magistrates said the witnesses’ evidence was credible and the spitting action could be clearly seen.
The court heard Eddy had a 30-year Class A drugs addiction but was now clean, although alcohol is a factor.
The case was adjourned for a pre-sentence report from the Probation Service. Eddy was granted bail on condition he does not enter the Morrisons store in Twerton and does not contact Mr Smithers.
Eddy will be sentenced on 22nd October. The prosecution has asked for £650 towards the cost of the trial.
