A Chinese takeaway boss who was subjected to a racist attack by a soldier will have to relive the incident in court for a second time.

Steven Wong, manager of the New World in the Market Place, Chippenham, was subjected to a drunken attack by squaddie Neil Barton just before Christmas last year.

The 28-year-old, who was based at Hullavington, was one of two soldiers accused of attacking Mr Wong at his work premises during a night out.

But following a three-day trial last month a jury found his colleague Lance Corporal Colin Best not guilty of common assault and racially aggravated common assault.

Swindon Crown Court heard that the two men had been out drinking at the Four Seasons bar in the town centre on December 18 and were drunk when they went to get some food.

After being abusive they were asked to leave but Barton refused to go and attacked Mr Wong, punching and kicking him.

Best claimed he was intervening

between the two men as they fought and was pushing his pal back when he was struck from behind with what he thought was an iron bar. He said he turned and threw a punch in self

defence.

At an earlier hearing Barton, of Fazacheley, Liverpool, accepted he had carried out racist attacks and pleaded guilty to three offences.

However, he only admitted racially aggravated common assault on Mr Wong and counts of racially aggravated threatening behaviour against Mr Wong's wife and neighbour Parminderjit Singh on certain conditions.

Mark Worsley, prosecuting, told a judge: "Barton entered his pleas at a hearing and was ordered to enter a basis of plea to be served within 14 days of the plea being entered. That was 14 days from July 14.

"No basis was forthcoming from him until after the trial, during which he had a noting brief, had finished. He admits his presence at the scene, he admits racial abuse, admits assault, but says there was provocation. He says Mr Wong came out and assaulted him."

The case was adjourned for a hearing before a judge who will hear the evidence from witnesses, including Mr Wong, and decide which version of events is correct.