Assault victim ‘could have been killed’

4:00pm Thursday 3rd July 2008

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A ROSS-on-Wye man almost killed a migrant worker after kicking him in the head, a court heard.

Jiri Bosak suffered bleeding around the brain and was admitted to intensive care following the attack by David Marsh in the centre of Ross last October.

Marsh, who was jailed for a year, landed kicks that were so powerful that they rotated Mr Bosak’s body 45 degrees.

Hereford Crown Court heard how Mr Bosak, a Czech national employed as an agricultural worker in south Herefordshire, was drinking at the King Charles pub on October 6 when Marsh’s partner became abusive towards him.

Paul Whitfield, prosecuting, said the Czech left the pub but unintentionally met the couple later that evening outside a takeaway shop on the town’s Gloucester Road. Mr Bosak began shouting at Marsh’s partner, saying he was going to kill her.

Mr Whitfield said Marsh, aged 29, of Brampton Road, then approached the victim and pushed him into a flowerbed before kicking him twice.

Mr Bosak later made a full recovery from his head injuries but says he now lacks confidence and has problems sleeping.

Marsh admitted causing actual bodily harm.

Lynette McClements, defending, said Marsh was described as a “calming influence” by police following the disagreement in the pub which had seen Mr Bosak thrown out.

Mr Bosak was said to be “drunk and aggressive” that night and he approached the couple on Gloucester Road.

The court heard how a friend of Mr Bosak, Neville Powell, had apologised to Marsh and his partner for his friend’s behaviour and tried to move him to the other side of the street when the confrontation began.

Ms McClements added that Marsh accepted full responsibility for his actions and knew his victim’s injuries could have been far worse.

Sentencing him, Judge David Matthews said it was an “extremely serious street assault” that could have seen the victim lose his life.

He said Marsh was mature enough to know he should have walked away.