Theme park boss has case dismissed
Flamingo Land boss Gordon Gibb has had an assault case against him dismissed by Scarborough magistrates.
Mr Gibb, 36, appeared in court in connection with an alleged incident at the park on July 28 last year.
He denied assaulting Karl Simcock, who is alleged to have been illegally selling two-for-one vouchers in Flamingo Land’s car park.
Chris Rafferty, prosecuting, asked magistrates for an adjournment as the complainant and a number of witnesses had not turned up at court.
He argued that it was important to proceed with the case at a future hearing, as the alleged assault had happened “in a public place outside the park, where children were present”.
However, Geoff Ellis, representing Mr Gibb, said that the complainant and witnesses had known about the trial for some time now and strongly opposed an adjournment.
He said that the excuse offered by the complainant – that he was moving house – was “frail and weak”.
The court heard how on the day in question, Mr Gibb had been called to deal with a situation in the car park.
Mr Ellis alleged that the complainant and an associate were selling two-for-one vouchers from a national newspaper and therefore committing a civil offence.
He said that in the event of someone doing this, the owner of the park would be entitled to remove them from their premises.
The court was told how there had been a “coming together” of the two sides and alleged that the complainant had “shoulder barged Mr Gibb and knocked him to the floor”.
Mr Ellis said that during a struggle on the floor, Mr Gibb had acted in self defence. He also alleged that the complainant had made a phone call during the incident, saying “You’ll get it now”.
Mr Ellis referred again to the fact that Mr Simcock hadn’t turned up for the trial, saying: “The complainant and witnesses have really nailed their colours to the mast.”
Chairman of the bench, Victoria Shepherd, said she had listened to what had been said and decided to dismiss the case.
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Tuesday 21 May 2013
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