PINEHURST man Paul Stanners put the boot into an unconscious reveller after a fracas outside a nightclub, a court heard.
The 36-year-old had already punched Ricky Cook to the ground outside the Casbah in John Street before kicking the prone man in the head.
But Stanners insists that he only tapped the unconscious Cook with his foot after he himself had been the victim of an attack.
Simon Brenchley, prosecuting, told Swindon Crown Court how the incident took place in the early hours of October 17 last year outside the town centre nightspot.
He said Cook had been drinking in the club with friends and became involved in an argument with a group of people outside.
Stanners was part of the other group and while Cook can remember little of what took place a friend of his said she saw him flailing his arms at another man.
"He was swinging his arms in a windmill fashion and people sought to break it up," Mr Brenchley said.
"At this point she saw the defendant, Mr Stanners, hit her friend. Ricky Cook was seen then to fall backwards and she heard his head crack on the pavement, she believed it had hit the kerb.
"She then saw Mr Stanners kick her friend Mr Cook in the head.
"She describes it as a kick to the side of the head.
"She said he had appeared to use a lot of force he brought his leg halfway up and then kicked."
Stanners was arrested and when questioned he admitted the punch but said it was in self defence as he had been assaulted first, which was accepted.
"Mr Stanners described how he did punch Mr Cook twice and then he fell to the floor," he said.
"He accepted that he had kicked the injured party saying that he kicked him, but wasn't sure where he kicked him."
He said Stanners had accepted his guilt on the basis that the 'kick to the head was effectively a little dig after he had fallen to the ground'.
Mr Brenchley told the court that three witnesses spoke of a deliberate kick to the head delivered with some force.
Stanners, of Cunningham Road, Pinehurst, pleaded guilty to common assault in relation to the kick.
Chris Smyth, defending, said: "This defendant was assaulted by a stranger when he was out without any provocation.
"The Crown accepts when he punched him it was self defence. The evidence suggests when he fell to the floor he was knocked unconscious.
"It is inconceivable that a kick with any degree of force would leave no mark.
"He accepts there was a kick. He accepts it made contact to the head. He accepts it was immediately after the man had fallen down."
Adjourning the case for pre-sentence reports, Judge Tom Longbotham said he was making no indication as to sentence.
Jamie Hill
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