A MAN who was found drunk and incapable in Bath Road, Devizes, claimed that he had been attacked, Kennet magistrates heard on Tuesday.

David Cook, 21, of Matilda Way, Devizes, admitted having had too much to drink on November 28 when he was found by police officers lying in the road shortly after 3am, but he thought he had been attacked as he had a large bruise on the back of his head.

Amanda Sawetz, prosecuting, told the court that police officers had come across a man lying in the road with white paint on his clothes and his rucksack.

Andrew Watts-Jones, defending, said his client admitted being very drunk. He had fallen out with a friend of his but the two had made it up and Cook had been celebrating his friend's birthday that evening. He said he had a vague recollection of being at his friend's house and then waking up in the police station.

Because he had a very large and painful bruise on the back of his head, he believed he may have been attacked, but admitted being very drunk and lying in the highway.

Cook also admitted breaching a conditional discharge handed down last January for possession of small quantities of cannabis resin and herbal cannabis.

Mr Watts-Jones said his client suffered from Attention Deficiency Hyperactivity Disorder and the medication for this condition had been a perennial problem.

Magistrates fined Cook, who is unemployed and claiming benefit, £50 but made no order for costs. The conditional discharge was allowed to run because it had been imposed for other matters.