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MP Mike Amesbury has had his 10-week prison sentence for assault suspended for two years, after an appeal at Chester crown court.
Amesbury, formerly of Labour but now serving as independent MP for Runcorn and Helsby, was jailed on Monday for drunkenly punching a constituent in the street after an argument.
On Wednesday the honorary recorder of Chester, Judge Steven Everett, sitting with two magistrates, imposed another sentence of 10 weeks’ imprisonment but suspended it for two years.
He also ordered Amesbury to carry out 200 hours of unpaid work, undertake a 120-day alcohol monitoring requirement, go on an anger management course and complete 20 days of rehabilitation work.
The sentence leaves the 55-year-old politician at risk of being ousted if his constituents back a petition calling for a byelection.
Daniel Travers, defending, told the appeal hearing that the “public shaming” and “embarrassment” had had a huge impact on Amesbury.
“He’s now had three nights in prison, which is an experience he will never forget, certainly,” Travers said. “This is a man who will certainly rehabilitate. He will learn a very painful lesson.”
Amesbury pleaded guilty in January to assaulting Paul Fellows, 45, after a row in the street in Frodsham, Cheshire, in the early hours of 26 October.
Footage played again in court showed Amesbury punching Fellows to the head, knocking him to the ground, then following him on to the road and punching him again at least five times.
Amesbury was then heard saying: “You won’t threaten your MP again will you, you fucking soft lad?”
The judge said it was “a very fine line” on sentencing, adding: “We came to the conclusion that, without in any way criticising the original sentence of 10 weeks, because of the important change in the last three to four days you are a realistic prospect of rehabilitation and therefore we will suspend the sentence for two years.”
The appeal hearing was told Amesbury initially claimed he had been approached by a man “shouting and screaming” about local and national matters, including a local swing bridge and immigration.
In a statement, he told police: “I thought I was about to be physically assaulted by this male. I was terrified and felt vulnerable and cornered by the male and others in the group.”
He said the man’s “arms were swinging” and he thought there was no option but to “defend” himself.
The judge said: “What he said to police doesn’t seem to fit in with the CCTV in pretty well any respect.” He said Amesbury had told police a “pack of lies”.
The former Labour MP has been sitting as an independent for the Cheshire seat since he was suspended by Labour after his arrest last year. There is no automatic suspension for MPs serving a custodial sentence, although there have been calls for Amesbury to resign so that a byelection can be held.
Yvette Cooper, the home secretary, said on Tuesday she wanted Amesbury to resign or face recall “so that we can have a new MP in place”. She told the BBC: “I want to see the people of Runcorn get new representation as swiftly as possible.”
Amesbury arrived at Chester crown court in a prison van and was led into the building in handcuffs by an officer.
He had been jailed at Chester magistrates court by the deputy senior district judge Tan Ikram, who told him: “You were out drunk in the early hours. The attack was unprovoked. Being in drink is no excuse and as a member of parliament you could reasonably expect robust challenge from constituents and members of the public.
“You continued the attack whilst the victim was on the ground. This incident may well not have come to an end had the bystander not intervened. Your conduct would have had impact on others watching on. You continued to rant as you left.”
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