A Tyneside thug who shattered a visiting Scotsman’s jaw in an “inhuman” city centre assault has failed to convince top judges he is innocent.
Jonathan Dodd, 24, punched Stephen Kain, from Aberdeen, to the floor and booted him in the head while he was enjoying a stag do with friends in Newcastle in 2012. Dodd, of Houstead Gardens, Blaydon, was caged for six years at Newcastle Crown Court in December, 2012.
He was convicted by a jury of wounding with intent to cause grievous bodily harm. Three top judges at London’s Appeal Court yesterday rejected claims that Dodd did not receive a fair trial, saying the evidence against him was strong and his conviction was entirely “safe”.
Sir Colin Mackay said a row erupted after Mr Kain, then 39, tried to intervene in an argument between Dodd and a woman on Fenkle Street during Easter, 2012.
Dodd launched into a vicious attack, punching Mr Kain to the face and, while he was on all fours, aimed a brutal kick to his head. Mr Kain suffered a fractured upper jaw and had to have his teeth wired back into place. The attacker initially claimed that he only hit Mr Kain in self-defence.
However, a witness said Dodd had been the “aggressor throughout”, while a taxi driver described his behaviour as “inhuman”.
At the start of his trial, Dodd pleaded guilty to inflicting grievous bodily harm but denied that he ever meant to seriously injure Mr Kain. That plea was, however, rejected by prosecutors and his account was disbelieved by the jury, who found him guilty of the more serious offence.
Applying to appeal more than a year outside the usual deadline, Dodd’s lawyers argued that he did not get a fair trial.
They alleged that poor advice from his trial lawyers prevented him from putting his self-defence claims properly before the jury.
However, Sir Colin, sitting with Lord Justice Davis and Mrs Justice Andrews, ruled that Dodd had been soundly represented by his former legal team.
“The real problem Dodd faced was not a legal difficulty, it was rather the force of evidence against him, showing him as the clear aggressor at all times throughout these events,” said the appeal judge. “We refuse the application for an extension of time for the presentation of an appeal in this case.”