A man who came to Swindon for a night out and was arrested for an alleged assault against his partner has admitted assaulting a police officer in custody.

Wayne Boland, 36, of Churchill Avenue, Aylesbury, pleaded guilty to assault by beating of an emergency worker and not guilty to assaulting his partner at Swindon Magistrates Court on November 7.

The court heard that Boland was out with his wife and their friends at MECA on May 15 and at around 1:30am his partner was drunk on the floor and he was "rousing" her, but officers believed he was assaulting her and arrested him.

Mr Cooper, prosecuting, said that Boland became “more and more agitated” while in custody, refusing to move from the front desk, failing to comply with officers and raising his voice.

Officers witnessed Boland “plant his feet” and “tense himself up” while they were trying to move him into a cell and there was a struggle, while he shouted, “f***ing come on then.”

(Image: Newsquest)

One officer lost control of their grip on Boland’s arms and another officer felt Boland hit him in the chest as Boland proceeded to grab him around the throat, scratching the victim's neck with his fingernails and grabbing hold of the officer’s clothing, tearing his shirt.

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Mr Jameson, defending, said Boland was in an “irate state” demanding officers explain why he had been arrested and they told him to go back to his cell, so he refused and when they tried to march him back, he dug his feet down, which was difficult for him to do with two prosthetic legs.

When he resisted, the situation escalated and he tried to grab out for balance, but when officers tried to place him on the floor, he made a mark to the victim’s neck.

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Mr Jameson said Boland accepts his behaviour was “unreasonable” and “regretful” but argued there was “no necessity” to arrest Boland in the first place because any contact between Boland and his partner was not unlawful.

Additionally, he said that Boland's partner also told officers at the scene that no assault had taken place, but they continued to arrest him.

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The Magistrate ordered Boland to pay £100 compensation to the officer and he must pay a £150 fine and a £60 surcharge, totalling £310.

Boland is on unconditional bail pending a trial on May 30 at Swindon Magistrates Court for the alleged assault against his partner.

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