Man admits assault but says he has no memory of it following a fit in custody
Zorig Batayav, 41, of Sleaford Road admitted assaulting Nathan Bryant, the manager of the New England Hotel in Wide Bargate, after a charge of possessing a knife was withdrawn by the Crown Prosecution Service as the offence had not been committed in a public place.
Prosecuting at Boston Magistrates Court on Tuesday, Paul Wood said Mr Bryant went to Batayav’s room after he was seen to have been trying to take alcohol to his room and smoking – neither are allowed by the hotel.
He said Mr Bryant was accompanied by others, but Batayav came out of his room in a aggressive manner as they approached and was seen to have a knife behind his back, which made Mr Bryant retreat backwards away from him and go to his own room and lock the door.
Mr Wood said police were called and Batayav was arrested.
He said Batayav had serious problems with alcohol and said he could not remember the incident.
Mitigating, Daven Naghen said Batayav had an epileptic seizure while in police custody and that was what had caused him to forget the incident, not alcohol.
He said Batayav drank four cans of alcohol a day which did tend to prevent the seizures from happening.
He pointed out to the magistrates that there had been no injuries.
Mr Naghen said Batayav received no benefits and was classed as an illegal immigrant even though he had lived in this country for 20 years and was being helped by the mental health services.
The magistrates heard that Batayav was already on a community order to which he was ‘fully compliant’.
The magistrates cancelled the existing community order and imposed a new one for 12 months with rehabilitation days and ordered him to pay £90 in court charges.