QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
B e f o r e :
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
MR P PATHAK (instructed by Litigation Department, London Underground, London, SW1H 0BD) appeared on behalf of the RESPONDENT
Tuesday, 11 February 2002
Crown Copyright ©
"(d) The Court found Ms Quinn to be a convincing and internally consistent witness and found that the Appellant had pushed his chest against her shoulder barging her into the doorframe. The Court was not certain that the Appellant had done this deliberately, but was sure that the Appellant had behaved recklessly.
"(e) The Court accepted that Mr Johnson was an honest witness and accepted that he had seen the Appellant place his foot in the doorframe but found that this had happened shortly after the initial incident in which the Respondent was assaulted and that it was unlikely Mr Johnson had seen that incident."
The court therefore found the appellant guilty of common assault and he was sentenced to be conditionally discharged for 12 months.