Father cleared of punching footballer who attacked son in match

12 April 2012

A father who punched a football player who "savagely" kicked his teenage son in a match won a High Court victory today against his conviction for assault.

Derek Dewar said he acted instinctively in defence of his son, Scott, then 15, who was attacked after slide-tackling his opponent.

Mr Justice Collins, sitting with Mr Justice Silber, said the conviction for assault occasioning bodily harm could not stand because Mr Dewar "honestly believed" his son would be attacked again.

Mr Dewar, of Reading, can claim back the £1,282 he has paid in fines, compensation and legal costs since was found guilty of assault at Newbury magistrates' court in May 2006.

Footballer Paul Smart kicked Scott Dewar in the ribs after the teenager tackled him in a match at Burghfield, near Reading, in March 2005. Smart was charged with assault and bound over to keep the peace.

Mr Dewar was fined £300, ordered to pay Mr Smart £200 compensation and £450 in legal costs. He appealed to Reading Crown Court in September 2006, but his conviction was upheld and he was ordered to pay a further £332 in legal costs.

But today the judge said Mr Dewar was "basically a decent person who acted on the spur of the moment in the genuine belief his son was at risk, who appreciated afterwards that it was something that was regrettable".

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