MAGISTRATES have ordered a retired doorman to tackle his mental health problems, after he was convicted of punching a fellow gym user in the face.

Mervyn McSweeny's teeth needed more than £5,000-worth of dental work after the attack by Paul Maurice Garner, 63, at the weightlifting club attached to York Railway Institute, a court heard.

Garner, of Chaloners Road, Dringhouses, denied a charge of causing actual bodily harm, but was convicted after a three-day trial at Selby Magistrates Court.

It was the second time violent behaviour had landed him in the dock.

When working as a doorman at Yates Wine Bar a few years ago, his head hit that of would-be customer William Smith.

Mr Smith, 62, of Cemetery Road, died four days after the incident, but a jury at York Crown Court cleared Garner of murder in November, 2003. The gym attack is his only conviction.

Sentencing him at York Magistrates Court for the incident involving Mr McSweeny, magistrates gave him a community order with 12 months' supervision, including seeing a mental health specialist, and ten days' activities improving his thinking skills.

He must also pay £1,000 compensation to Mr McSweeny, and £500 prosecution costs.

Magistrates wanted to make him pay more compensation but could not do so because of Garner's low income.

They ordered that Mr McSweeny should be told he could sue Garner through the civil courts for the rest, or go to the Criminal Injuries Compensation Board.

For Garner, Anthony Farrell said he accepted the guilty verdict.

"He is extremely remorseful for the injury Mr McSweeny received," he said.

Garner had had a difficult upbringing that meant he had to look after himself from an early age, and a marriage breakdown had caused him further problems.

He had lived on incapacity benefit for some time and had very little money. He also suffered from anxiety and depression.

At the trial, magistrates heard evidence about how Garner had taken exception to Mr McSweeny giving an official £5 gym induction.

He had confronted Mr McSweeny in the weights room. The victim had tried to reason with him and walk away, but Garner had hit him unprovoked in the face.

In 2003, Mr Smith had been drinking when he approached Yates Wine Bar late at night.

He was refused entry, and there was an incident involving him, head doorman Philip Kendall and Garner.

Garner always maintained that his and Mr Smith's heads collided accidentally.

Garner was a doorman for 14 years and a member of Door Safe, York's doorman scheme, and never received any complaints about his conduct.