A CHEF who grabbed a waiter's throat in the kitchen of a North Yorkshire military college has been allowed to keep his freedom.

Paul Cook, 46, lost his temper when he saw the victim standing and not working, York Crown Court heard.

Brooke Morrison, prosecuting, said the chef accused the waiter of looking “gormless”, put both his hands round the waiter’s throat and pushed him backwards intro a cabinet.

Another member of staff stopped Cook’s actions and the waiter was left with red marks on his neck.

Both were civilians working at the time at the Army Foundation College in Harrogate, the British Army’s only training centre for recruits aged 16 or 17.

Cook, of Eleanor Drive, Harrogate, pleaded guilty to strangulation. He had no previous convictions and no longer works at the college.

“It was a brief incident of loss of temper in the workplace, serious though it was,” said Judge Simon Hickey.

Because of Cook’s previous good character and because he had not offended since, the judge suspended the 10-month prison sentence for 18 months on condition Cook does 30 days’ rehabilitative activities and 100 hours’ unpaid work. He was also ordered to pay £425 prosecution costs.

For Cook, Gabrielle Wilks said he had a strong work ethic and believed “certain members of staff” had not been working as they should have been, which had added to Cook’s workload.

“That left him feeling extremely frustrated and angry,” she said. “He perceived the complainant as lacking the work ethic on this occasion.”

Ms Morrison said the two men were working in the college’s kitchen on November 16 last year.

On seeing the waiter not working, Cook told him: “Are you just standing there looking gormless?”

The waiter asked why he couldn’t stand where he was. After a further exchange, Cook walked up to him and put his hands on the other man’s throat.

The waiter had difficulty breathing.

Ms Wilks said the member of staff who stopped the incident sent a character reference for Cook to the court.

She described Cook as having an “unblemished record”.

“It is quite an exceptional case,” she said.

The Army Foundation College gives basic military training to other ranks joining the army when they are under 18 years old and are called “junior soldiers”. It has two intakes a year who graduate to more advanced training at other military establishments. No soldiers were involved in the incident.