A man was left with a broken arm and a woman with a broken finger after street violence outside Speedy Peppers Takeaway in Bridlington.
Lee Mainprize, 40, insisted he acted in self defence but admitted taking part in an ugly scene when both the man and the woman were injured on the Promenade.
Mainprize, of Green Lane, East Cottingwith, near Pocklington, pleaded guilty to a charge of affray after initially electing a trial denying two charges of assault at Hull Crown Court on Monday September 7.
Crown barrister Claire Holmes said the violence flared after Mr Mainprize was accused of saying “goodbye fatty” to women who were waiting to have food cooked.
A piece of pizza was thrown at Mainprize who picked it up and threw it back.
He claimed he was followed and set upon first by a woman who punched him and then by a third party. Mainprize said he grabbed them and pushed them over in self defence.
Mrs Holmes said the Crown did not accept his version of events, or the takeaway manager’s. She said the women insisted they were going outside to tell their taxi they would be late.
However, defence barrister Chris Dunn said CCTV showed the women were aggressive and verbal inside. He said if the women’s accounts could not be believed inside the takeaway, then they could not be trusted in their accounts of what happened outside.
Judge Jeremy Richardson, QC, said from his view of the CCTV the women were incensed by the way Mr Mainprize waved goodbye and one was particularly verbal.
“No one comes out of this looking roseate in character,” said Judge Richardson, QC. “It is most unfortunate that someone got a broken arm and a broken finger. I can see his line: “I am on my own and there are four of them and I have to take a firm line.”
He said the issue of assault could be tried but it would tie up the court for three days at a cost of £10,000.
After the Crown Prosecution Service consulted with witnesses, the decision was made not to go ahead with the trial on condition Mr Mainprize pleaded guilty to the alternative charge of affray.
He was given 200 hours un-paid work and ordered to pay a £60 victim’s surcharge.