MP jailed for punching constituent in street walks free after appealing prison sentence
Former Labour MP Mike Amesbury will walk free after winning an appeal against his 10-week jail sentence for punching a man in the street.
The sentence handed to him on Monday will now be suspended for two years.
It means the Runcorn and Helsby MP will not be jailed, unless he commits any more crimes within that time.
Honorary Recorder of Chester Judge Steven Everett, sitting with two magistrates, also ordered Amesbury to carry out 200 hours of unpaid work, undertake a 12-month alcohol monitoring requirement, go on an anger management course and carry out 20 days of rehabilitation work.
Amesbury, 55, pleaded guilty to beating by assault in January after punching Paul Fellows, 45, in Main Street, Frodsham, Cheshire, in the early hours of 26 October after his constituent asked him about a bridge closure.
He had been set to serve 40% of his sentence - four weeks - in prison followed by a year on licence.
However, his lawyer launched an appeal shortly after he was sentenced and after the appeal was heard at Chester Crown Court on Thursday, the judge said his jail time should be suspended.
Amesbury arrived at the court in a prison van and was led into the building in handcuffs by an officer.
The Labour Party, which suspended Amesbury shortly after the incident, said he would not be allowed back into the party after his original sentencing.
However, he remains an independent MP and will continue to receive his £91,000 salary under parliamentary rules, which state an MP only has their salary removed when they are no longer an MP.
Amesbury has been urged to resign but has not done so and a recall petition cannot be issued until he has exhausted any appeals. He has not yet indicated if he will appeal his latest sentence.
A recall petition kickstarts a by-election if 10% of an MP's constituents sign it.
Footage, replayed in court on Thursday, showed Amesbury punching Mr Fellows in the head, knocking him to the ground then punching him five more times.
He was heard saying: "You won't threaten your MP again will you, you f****** soft lad?"
The hearing was told Amesbury gave a prepared statement in a police interview where he initially claimed he had been approached by a man "shouting and screaming" about local and national matters, including a local swing bridge and immigration.
In the statement, he told police: "I thought I was about to be physically assaulted by this male. I was terrified and felt vulnerable and cornered by the male and others in the group."
He said the man's "arms were swinging" and he thought there was no option but to "defend" himself.
Judge Everett said: "What he said to police doesn't seem to fit in with the CCTV in pretty well any respect."
Amesbury's barrister told the court he had spent three nights in prison, "an experience he will never forget, certainly".
He said the "public shaming" and "embarrassment" had a huge impact on Amesbury, who he said "will learn a painful lesson".
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