A LOCKSMITH walked free from court after admitting breaking a drinker's ankle and eye socket in a late-night pub incident.

York's top judge decided that John Anthony McGarry, 34, did not have to pay compensation to victim Ian Guildford, despite head-butting and punching him unconscious.

Prosecutor David Garnett told York Crown Court that Mr Guildford started the trouble by swinging a punch at McGarry in the Reflex bar, and had since pleaded guilty to using

threatening behaviour. Magistrates gave Mr Guildford an absolute discharge a week ago.

"If the victim wants compensation, having started this, he can go and apply to the Criminal Injuries Compensation Board," said the Honorary Recorder of York, Judge Paul Hoffman.

McGarry, of West Thorpe, Dringhouses, York, pleaded guilty to causing actual bodily harm and was ordered to do 200 hours' community punishment.

"I am told your response was so violent because of your traumatic experience when a victim of a stabbing. One can understand that," said the judge.

McGarry's barrister, Glen Parsons, said the locksmith had been repeatedly stabbed in the chest and abdomen in 1992. That had happened after he had attempted, unsuccessfully, to walk away from an incident which was in some ways similar to the situation in Reflex. The memory of that attack was one of the reasons why he went "over the top" in defending himself against Guildford.

Mr Garnett said the attack by Guildford was the second time that night that McGarry had been involved in trouble. Earlier, a third man had attacked McGarry and was subsequently ejected by bar staff. He had since appeared before the courts and been sentenced for his actions. McGarry was not ejected and Guildford was not involved in that incident.

McGarry was minding his own business some time after the first incident when Guildford swung a punch at him. McGarry struck out against him, head-butting and punching him repeatedly.

Guildford later received treatment for a broken ankle and eye socket.

Updated: 09:51 Thursday, April 28, 2005