A FORMER soldier and his friend have escaped jail sentences after appearing in court on drugs-related offences.

The men were caught in the toilets of Rumours nightclub, in Micklegate, in York, preparing to take cocaine.

Simon Naylor, of Siding Lane, in Barlby, and John Smithson, of Beech Croft, also in Barlby, appeared at York Crown Court for sentencing yesterday.

The court heard how doorman Edward Sykes was on a routine search when he saw two men in a toilet cubicle together and became suspicious.

Sentencing, Judge Geoffrey Marson QC said Mr Sykes summoned his manager and the pair opened the cubicle, where they found Naylor and Smithson holding a credit card with a white powder on it.

He said Smithson smashed the door in Mr Sykes face and then slapped him, before the pair tried to run away.

As they attempted to escaped, the judge continued, Naylor threw away a bag, which was later recovered and shown to contain 0.99 grams of cocaine.

Naylor, 35, admitted possession of the Class A drug at a previous hearing in York in December. Smithson, 42, admitted assaulting Mr Sykes at the same hearing.

The Crown Prosecution Service dropped a drugs possession charge against Smithson and entered no evidence to support a drugs supply charge against Naylor, after police witnesses in the case failed to appear at that hearing.

Both men had pleaded not guilty to these charges at earlier hearings.

Judge Marson handed both offenders community orders, meaning they must carry out 50 hours unpaid work each.

Naylor, who served in the Falklands, Northern Ireland and Germany before being discharged from the Army due to cutbacks more than ten years ago, was told to pay £75 towards prosecution costs.

Smithson was ordered to pay £100 compensation to Mr Sykes.