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Friday, 5 July 2019

Colwyn Bay Man Jailed for Assaulting Court Security Officers


A Colwyn Bay man has been jailed for assaulting two court security officers after a disagreement over drinking water.

Lawrence William Davies, 58, of the town's Egerton Road, was in the public gallery at Caernarfon Magistrates' Court on 28th February 2019 when he was observed drinking water from his own cup.

Davies was asked to stop drinking, but refused so was asked to leave the courtroom. When he also refused to leave the courtroom two security officers - Edward Wyn Jones and Ian Cutler - were tasked with ejecting him. A scuffle ensued, which resulted in Davies throwing water at the officers, punching them and damaging Mr Cutler's watch.

Under section 58 of the Courts Act 2003 security officers have the lawful authority to eject any person from a court building, using reasonable force if necessary, at the direction of a Judge or Justice of the Peace.

Davies denied assaulting the officers, but was convicted of two charges of assault and one of criminal damage following a trial at North East Wales Magistrates' Court in Mold.

Andrew Downey, prosecuting, told the court that Davies deliberately threw water at the officers and landed blows on them as he was ejected from the courtroom.

Davies, defending himself, argued that as a type-2 diabetic he had the fundamental human right to drink water at a time of his choosing. He claimed to have acted in self defence when the "arrogant and confrontational" officers manhandled him from the public gallery.

"I was prepared to stand up for my rights, the rights of all of us", Davies said.

"I was calm at all times. I don't break the law. I respect the law but I do stand my ground. It was unlawful for them to try and remove me from the court because I had water. I was not doing anything wrong."


Deputy District Judge Steven Jonas rejected Davies' defence and found him guilty of the offences as charged.

The Judge commented that the security officers were entitled to remove Davies' cup when he refused to hand it over. He said that Davies' could have left the court building to drink his water, or asked a member of court staff to provide some. Davies did not, according to the Judge, have the right to drink his own water when he had already been asked not to.

Davies was sentenced to 4 weeks imprisonment for the assaults and 4 weeks consecutive for being in breach of a suspended sentence order.

The prosecution was unsuccessful in its application for a restraining order banning Davies from all Magistrates' and Crown Courts in North Wales.

After the convictions, Davies complained that there had been "a litany of malicious prosecutions from 2011 until now".

He added: "I believe the State is persistently and maliciously pursuing me in anything I do."

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