Boss who bit worker convicted

Boss who bit worker convicted

15 August 2012

A DOWNPATRICK businessman who bit the hand of one of his employees has been fined £200.

James Toner denied the charge of common assault but was found guilty at a contested hearing at Downpatrick District Court on Thursday.

Mark Johnston told the court he had been transferring tools from his van to a work van at Down Kitchens on March 28 and had been about to leave for a job in Lisburn when Toner approached.

He said Toner demanded to see inside the van and grabbed the side door. Mr. Johnston said Toner became agitated and bit his hand, which was on the sliding door, in an attempt to get him to release it.

“I could not believe someone I had worked for for 12-and-a-half years would stoop so low as to bite me,” he said.

Mr. Johnston’s account was backed by another member of staff and a police officer gave evidence of the red circular mark he noted on his hand after Mr. Johnston rang 999.

Under cross-examination Mr. Johnston denied he had been angry with his employer leading up to the incident, but said Toner hadn’t spoken to him since September and had swore at him in front of a customer.

A defence barrister suggested both long-term employees who gave evidence were aggrieved in a row over redundancy pay during the business’s last week of operation.

Giving evidence, Toner said he was unaware of Down Kitchens having any job on on the day of the incident. He said Mr. Johnston’s left hand was actually on the windscreen and his right hand on the sliding door meaning the injury couldn’t have happened as described.

“It was a stand off situation,” he said. “In the end I broke free and jumped back and he said ‘you bit me, you bit me’.

He went on to allege Mr. Johnston had been a “difficult employee”.

“They did resent I was always watching their timekeeping,” he said.

Toner later added: “I have never been in a fight in my lifetime, I have never been accused of anything.”

Deputy District Judge Eamonn King noted 52 year-old Toner, of Ardbraccan, had no previous convictions, but said he was satisfied by the standard of the prosecution evidence.

“I am satisfied he is definitely guilty,” said Mr. King.