Harlow: A pensioner was acquitted at Chelmsford Crown Court last Thursday of causing actual bodily harm after a February incident in a Harlow street in which another retired man suffered a broken nose.

The jury found that Eric Birchmore, 72, of Willow Field, Harlow, was acting in self defence when he broke the nose of Eric Grout.

Prosecutor Stephen Rose said that Mr Grout gave his friend, Miss Ira Kingsland, a lift home from Tye Green Bowling Club at Harlow on February 9. Mr Grout dropped her off outside her residence the caretaker's accommodation at Harlow Museum while he parked his car.

Mr Grout then heard Mr Birchmore shouting abuse at Miss Kingsland and told him he was out of order. The court heard that Mr Birchmore became aggressive but turned away when Mr Grout threatened to call the police. It was alleged that Mr Birchmore then turned around and punched Mr Grout in the chest. Mr Grout tried to restrain Mr Birchmore in the ensuing struggle, according to the prosecution, but Mr Grout lost his footing and fell, striking his face on a tree stump.

Mr Grout sustained a fractured nose and a cut forehead and was taken to Princess Alexandra Hospital for treatment.

In evidence, Mr Birchmore told the jury that Mr Grout's car narrowly missed him as it went past. He said he stupidly made a remark to Miss Kingsland and she took umbrage and told him to clear off.

He said Mr Grout got out of his car and they got into a wrestling match. "I thought he was going to hit me again so I got in first this time," Mr Birchmore said. "I must have hit him because he went sprawling down. It was in self defence."

July 11, 2002 09:30