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Brothers jailed for attack outside West Kirby wine bar
Updated 11:14am Tuesday 4th March 2014 in News
Two brothers who attacked a man outside a West Kirby bar have been jailed.
Liverpool Crown Court heard how Adam Parker was "knocked out cold" after Philip Wainwright struck him with a "roundhouse punch".
Despite police officers being at the scene his 23-year-old brother Robert Wainwright then went towards the motionless man and "gratuitously kicked him the head", said Kevin Slack, prosecuting.
Mr Parker suffered a fractured cheekbone, a wound to the back of his head and a broken nose, which needed surgery to straighten.
Sentencing the men, who admitted assaulting Mr Parker outside Mojo's, Dee Lane, on November 18, 2012, the judge, Recorder Philip Grundy said that Philip knocked him out and Robert used his foot as a weapon "kicking a man who was vulnerable, unconscious and motionless on the ground."
He told Robert that he did not accept he was "truly remorseful" and told 27-year-old Philip, "I do not accept you fully understand the seriousness of the offence."
The brothers, both of Croft Drive West, Caldy, looked shocked as the judge jailed Robert for two years and Philip for 20 months.
CCTV footage of the incident was played to the court and Mr Slack told how the incident began following a scuffle inside the club.
Mr Parker's friend Daniel Smith exchanged looks and possibly words with a man who later left and returned at the head of a group of others including Robert Wainwright.
One of the group approached Mr Smith and pressed his forehead on his head and Mr Smith threw a punch in self-defence which missed that man but struck Robert Wainwright knocking him to the ground.
A violent melee then erupted and Mr Smith's shirt was ripped off and Mr Parker was seen on the footage holding his hands out to help his friend getting attacked.
Mr Smith walked off leaving Mr Parker behind and when he left the premises he was approached outside by Robert Wainwright "in a threatening manner" and Philip then punched him and ran off.
While two officers were attending Mr Parker, who was unconscious for at least five minutes, Robert kicked him in the head and then fled. Both brothers were arrested nearby.
Mr Slack said that in a victim impact statement Mr Park told how he had suffered depression and a year later still feels nervous going out in crowds.
Simon Berkson, defending, said that Robert, who has a previous conviction for being drunk and disorderly, referees semi-professional football. He suffers from diabetes but had done well at school and university.
Defence barrister Eric Lamb said that Philip Wainwright runs a shop fitting contractor’s firm employing 14 people.
He had not been involved in the incident in the club and after throwing the punch outside ran off. "He had been told by a girl that his brother had been assaulted and that was the trigger for him losing control," he explained.