‘Hothead’ jailed but cleared of manslaughter

Marc Allen, 24, was told by a judge he had been “hotheaded, drunk and probably affected by drugs”, but said the jury had cleared him of responsibility for the death of 47-year-old Mr Mondon, from Flitton, Beds.

His friend, Gavin Langford, 27, was cleared of two charges of affray. He was not on trial for manslaughter.

During the trial at Luton Crown Court the jury had heard how Mr Mondon had gone to Dunstable on October 8 to meet old school friends for some drinks.

In the early hours of the following morning he took umbrage when he believed he had been deliberately shoulder-barged by the two younger men. There was a confrontation in which he could be seen on CCTV throwing a punch at Allen.

He was punched back and the blow caused an invisible injury which rapidly led to his death.

The prosecution claimed that Allen and Mr Langford were very drunk and spoiling for a fight. They had been involved in a disturbance in the Old Sugar Loaf and had been thrown out of there earlier that night. Allen stripped to his bare chest and challenged bouncers outside.

They also alleged that their behaviour in High Street South during the confrontation with Mr Mondon and his friends amounted to an affray.

Prosecutor Ben Gumpert described it as “a random piece of late-night drunken rowdiness”.

Allen, of High Street, Leagrave, and Mr Langford, of Victoria Street, Dunstable, both pleaded not guilty to two charges of affray.

Mr Langford, who gave evidence to the jury and denied he had been looking for trouble, was cleared by the jury. Allen, who did not give evidence, was convicted of both affray charges but cleared of manslaughter. He was jailed for 21 months.

Judge Michael Baker QC said he could see there was a rational explanation for the verdicts the jury reached. “They could not with certainty reject the proposition that Allen’s first blow was struck in lawful self- defence and had to acquit him of manslaughter,” he said.

“But they could be sure that when he kicked out afterwards that was an unlawful act on which to reach a verdict of guilty of affray.”

There had been no evidence that the kick played any part in causing Mr Mondon’s death.

Unusually, the jury had written an explanation of their verdicts, but after legal discussion it was agreed that the note should not be read by anyone but kept by the court in a sealed envelope if a situation arose in the future where it might become relevant.

The jury also heard that Allen had been convicted of affray two years ago during which a stranger was injured in the street by a gang of three.

Judge Baker told Allen: “You are 24, hot-headed and it seems you will not learn. This night you were drunk and almost certainly affected by drugs and it seems to me you are free from remorse.”

Referring to Mr Mondon, the judge said: “It is very clear from personal statements I have read that his death has caused a devastating loss to his family.

“He was plainly a decent man. It may be he acted a little hotheaded that night but no rational person could suggest he deserved what he got. It was deeply unfortunate.”