TWO brothers in their 60s have been handed suspended prison sentences after they “lost control” and assaulted another man outside a Powys pub.

Martyn Rutter, 67, and David Rutter, 63, had both denied jointly assaulting Alex Powell, occasioning him actual bodily harm, outside Knighton’s Horse and Jockey Inn, in the early hours of February 12, 2022, but were found guilty at trial.

At Cardiff Crown Court on Friday, January 12, Judge Shomon Khan gave each brother a 10-month prison sentence – which will be suspended – and ordered both of them to pay financial penalties of more than £3,000.

Prosecutor David Pinnell described the assault on Mr Powell, who was sitting in his car outside the pub, as a “prolonged, persistent attack”, which occurred as the brothers were leaving the premises.

The court heard that both Rutters heard laughter emanating from the vehicle, in which four younger people were sat, and that they thought the laughter was directed at them and their sister.

The brothers had been caring for their sister, having attended her husband’s funeral, and a wake at the pub.

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David Rutter first approached Mr Powell in the vehicle and punched him, with the attack continuing outside the vehicle. He was described by a witness as repeatedly kicking him to the head and body while he was on the ground.

Mr Pinnell said the victim suffered both physical injury and psychological harm.

Reading from a victim impact statement provided by Mr Powell, Mr Pinnell said: “As a result of the incident he has some trepidation about going into Knighton for a night out.

“He has a permanent scar on his hand which serves as a reminder of the evening. He also awaits a procedure to realign his nose.”

David Elias, representing David Rutter, of Hazel Grove, Dinas Powys, described the assault as “completely out of character” for his client, who was of previous good character.

“It was a spontaneous reaction to something that was said from that car about the defendant’s sister,” said Mr Elias.

“Something was said, whether it was said deliberately to provoke him, but were it not for that these four people would have continued their journey and gone home.

“He has been completely law-abiding all his life and he doesn’t accept the jury’s finding.”

Nick Gedge, acting for Martyn Rutter, who lives at Lehmweg, Lauenburg, in Germany, said his client was also a man of previous clean character.

“He has expressions of regret and remorse, even though he doesn’t accept the finding of the trial, but he recognises the event should never have happened, and he is ashamed it did," he said.

“It was an event that occurred on a day of particular stress and high emotion.”He said Rutter had lived in Germany for almost four decades, where he co-owned a rug business.

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Judge Khan said he recognised it was an "emotionally draining day", and that David Rutter had misunderstood the laughter. 

But he added: “Whatever happened, there is no justification for what followed. You lost control, going to the car, punching the victim repeatedly.

“Martyn Rutter, you then went to the car and got involved with a rear passenger. How things escalated is particularly troubling.

“A bar manager described seeing a headbutt unlike anything she’d ever seen. When Alex Powell was on the ground David Rutter repeatedly kicked him to the head and body.

“The injuries, mercifully, were not anywhere near as serious as they could have been, given the nature of the assault.”

He jailed each brother for 10 months, suspending the terms for 18 months.

Each must pay £500 compensation to Mr Powell, plus £2,020 costs. David Rutter was fined £1,000, and Martyn Rutter £500.