'Captain America and Little Red Riding Hood' jailed for vicious attack on Swansea cabbie
A HIGH Court judge has condemned a violent incident in Swansea in which a taxi driver was attacked and injured by two Neath brothers in fancy dress — one dressed as Captain America, the other as Little Red Riding Hood.
The brutal assault on city cabbie Robert Charles Minty was described when brothers Phillip and Darren Birmingham were jailed for 12 months.
Mr Minty was kicked to the head by the defendants as he lay defenceless after being punched to the ground, Swansea Crown Court heard.
Phillip Birmingham, aged 21, of Kingdon-Owen Road, Cimla, and Darren Birmingham, aged 29, of Caenant Terrace, Skewen, pleaded guilty to a joint charge of assault causing actual bodily harm.
Jailing them, Mr Justice Butterfield said: "Taxi drivers perform an invaluable public service — particularly when they help people to get home late at night.
"The courts must do what they can to protect drivers performing such a public service from gratuitous violent attacks by drunken passengers."
Robin Rouch, prosecuting, said that on the evening of August 15 the defendants went to the centre of Swansea in fancy dress for a friend's stag night celebration. Phillip Birmingham was wearing a Captain America outfit, while his older brother was dressed as Little Red Riding Hood.
At 1am Mr Minty was sitting in his vehicle at the rank in The Kingsway when the defendants — who were both extremely drunk — got in and asked to be taken to Briton Ferry.
There was a discussion about the fare and they agreed to hand over £15 before Mr Minty set off.
At that point, said Mr Rouch, two women approached the cab and pulled open the sliding door as if to get in.
Phillip Birmingham immediately shut the door to stop them, the court heard, but in the course of this he cut his hand — and soon after the journey began he became argumentative. He was claiming that the journey ought to be free because he was injured," said Mr Rouch. "He was insinuating that his injury was somehow Mr Minty's fault."
Mr Minty was not happy about the situation, the court heard.
So when the cab was near The Ship pub in St Thomas, he stopped and told the brothers he had had enough.
He then handed back the £15 and asked them to get out — and an argument erupted when he got out and opened the sliding door.
Mr Rouch said the incident then became violent with the brothers punching Mr Minty to the ground and kicking him to the head and bodyas he lay defenceless.
The attack stopped with the intervention of two people, Marcus O'Brien and Claire Smith who had witnessed the violence from a passing car. The brothers were arrested a short time later in the car park of the Cape Horner pub.
Mr Minty was taken to hospital, where he was found to have injuries to his eye, chest, back and shoulder, said Mr Rouch, and as a result of this incident he had decided to give up working at night.
Phillip Birmingham had convictions for public order offences, the court heard, while his older brother's criminal record included a two-year jail term for grievous bodily harm.
In mitigation, defence barristers said both brothers were full of remorse and contrition for their conduct. Dyfed Thomas said of Phillip Birmingham: "He knows there was no justification whatsoever for his actions that night and he is determined that this will be his last appearance before any court."
Dean Pulling, for Darren Birmingham, emphasised that although Mr Minty's physical injuries were unpleasant, they were not long-lasting.
Mr Justice Butterfield said it was a serious case and custodial sentences were unavoidable. It was likely, he added, that if the two witnesses had not intervened, the victim's injuries would have been "substantially graver".
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source:
http://www.thisissouthwales.co.uk/
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