Locks Heath man avoids jail after an assault on a worker at Sports Direct in Fareham following his attempt to steal an England football shirt

Ben Shawyer, of Cabot Close, entered a guilty plea for both the attempted theft of the £69.99 jersey from Sports Direct in Fareham, and the assault of security officer Jessica Hatherly on June 11 last year.

During an appearance at Portsmouth Magistrates’ Court today (March 14) the court heard how 40-year-old Shawyer had returned to the shop that day after mistakenly leaving behind a purchased t-shirt the day before to try to get it back.

After a ‘discussion’ with the store’s manager he then took the shirt from a rail and a ‘scuffle’ ensued.

Prosecuting, Lucy Paddick, said: ‘There was a scuffle to try to return the shirt and during that Hatherly says she was grabbed by the neck and pulled by either her hair, clothes or lanyard, she isn’t sure.

‘As a result she is scared and has some red marks on her neck and scratch marks on her arms.

‘She does say at the end of the statement: “I am scared he will return and assault me. He assaulted me in plain sight of the public, I don’t know what would have happened if the three other people weren’t there.”’

Oliver Capildeo, defending, told the court how Shawyer was currently halfway through a community order.

‘He did what he did in terms of taking the England t-shirt not realising how much more expensive it was,’ he said.

‘It was a silly incident and it was avoidable.

‘Since then Mr Shawyer has been made subject to a community order.

‘One of the most significant aspects of the order is the drug rehabilitation requirement, he has had his difficulties with heroin in the past and is currently on methadone script of three doses a week, down from daily doses.

‘He is complying with this order.’

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The bench ruled that Shawyer complete his community order, pay a fine of £54 for the attempted theft and pay compensation to Ms Hatherly of £100.

Magistrate James Macdonald concluded: ‘Ms Hatherly was going about doing her duty and she has a right to accept she can carry that out without fear of anything interfering with her. It is a serious offence.

‘We have heard the probation that think it’s appropriate for you to comply with that. We are going to let that community order run.’

Speaking about Shawyer’s past drug issues, he added: ‘You need to get that straight, there’s a chance of you rebuilding your life.

‘Make sure you continue to cooperate with probation.’

A message from the Editor, Mark Waldron

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