A MAN who was fined for spitting at his ex-partner has had the conviction overturned after an appeal hearing.
Glyn Price, of Y Dolydd in Mold, was sentenced in May last year following his conviction after trial on one count of assault .
He received a £2,800 fine and was ordered to pay a £1,120 victim surcharge as well as £640 prosecution costs.
The Court was told at the sentencing hearing that after swearing at his ex-partner Charlotte Blackwell, Mr Price had spat on her.
But on Friday, 62-year-old Mr Price appealed the conviction at Mold Crown Court - and was successful.
Will Griffin, on behalf of the prosecution, set out the events of the incident to the court.
He said Mr Price had attended Ms Blackwell's home to drop off their child.
During that visit, he said, Mr Price "had his fists clenched," and was "shouting and snarling."
He then cleared his throat and spat at Ms Blackwell," Mr Griffin told the court.
Charlotte Blackwell and her husband Andrew Blackwell gave evidence in person at the appeal.
Ms Blackwell told the court: "I was scared, on edge. My heart was racing.
"It was nasty. I just felt degraded and embarrassed."
But Steven Swift, on behalf of Mr Price, challenged the accounts of both Blackwells.
When Mr Price took to the witness box to give his own evidence, the court heard he was a man of good character with no convictions prior to the one the court was being asked to reconsider.
The appellant told the court he is an engineering manager in the nuclear industry.
He agreed there had been a "heated" exchange between himself and his ex-partner on the day of the alleged offence, but completely denied spitting.
"I've never spat at anyone," he said.
Andrew Brown, a colleague of the appellant, appeared to give a character reference.
He said: "We have worked together for eight years now and he's a very bright man.
"He's a really safe pair of hands and a nice guy as well.
"I am aware of the allegations and my view is they are just totally out of character."
Also appearing to give a character reference was Mr Price's ex-wife, Susan Price.
She said: "We're very good friends and we've always maintained a cordial relationship - we've helped each other through good and bad times and supported our children."
Ms Price was asked how the appellant had behaved in the past in stressful situations.
She said: "There have many times we've had disagreements and crossed words.
"He'd leave the room to avoid any conflict - he wouldn't show any temper or violence."
At the conclusion of both prosecution and defence cases, Mr Swift told the court: "Clearly, in any view it's apparent there are still tensions bubbling on both sides here.
"But ultimately it comes down to the standard of proof.
"There were inconsistencies in the evidence of Mr and Mrs Blackwell."
Judge Timothy Petts, returning to the court with two Magistrates after considering all of the evidence, said: "We are left in a situation where, bearing in mind the standard of proof required - we're not satisfied that the prosecution case has met it.
"That's not to say Mr or Mrs Blackwell have lied, but we're in a situation where the prosecution has not made us sure of the appellant's guilt.
"The correct decision is to pronounce him not guilty and quash the conviction."
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