A YORK police sergeant was hit over the head with a stolen bottle of wine before being sprayed with CS gas only metres away from Fulford Road police station, the city's magistrates heard.

The attack on Sgt Nigel Tottie happened on April 30 after he had gone to investigate reports of a man acting suspiciously outside Jacksons store, in Fulford Road.

Nicholas Ralph, prosecuting, said Lee Martin Hughes, 32, was approached by the police officers, who found stolen bottles of wine and a chicken fillet stuffed down his trousers.

He said Hughes spun round to face Sgt Tottie, who suffered a violent blow to his head, which knocked off his helmet and made him fall to his knees.

"At this point the defendant was running down Fulford Road pursued by two police officers until he came to a halt in the middle of the road," he said.

Hughes then reached inside his waistband and pulled out a bottle of wine, which he brandished violently.

The police decided to spray Hughes with CS gas but the wind blew the gas away from Hughes towards Sgt Tottie, who was incapacitated by the gas, Mr Ralph said.

Hughes then smashed the bottle against a wall, showering a female police officer with glass, and threatened her with the broken bottle.

By this time other police officers had rushed from the police station and arrested Hughes.

Mr Ralph said that Sgt Tottie had suffered headaches for a number of hours after the attack.

Hughes, who was jailed in 1999 for assaulting a police officer, admitted assaulting Sgt Tottie as well as affray and theft.

Kevin Blount, mitigating, said Hughes, of Broad Street, Salford, was in York for a labouring job, which had fallen through, leaving him homeless and penniless.

He said Hughes had thrown a bottle of wine at Sgt Tottie, which had hit him on the head.

"He didn't intend to cause him any serious injuries. When he was younger he was arrested and subjected to an indecent assault by a police officer," he said.

"When he was being searched by a male officer it brought back memories he would rather forget."

Hughes was jailed for ten months for the offences. No compensation was awarded to Sgt Tottie.

Updated: 09:58 Saturday, August 09, 2003