They apparently mistook him for a potential burglar
Nathan Barnes, left, and Lee Barnes(Image: Hull Live)
A bailiff who was trying to collect a debt from a company was suddenly confronted and viciously attacked by two aggressive men after they demanded to know why he was there and what he was doing. They became enraged when he tried to fob them off by giving evasive answers and a heated argument soon broke out, Hull Crown Court heard.
Lee Barnes, 49, of The Mews, off Coltman Street, west Hull, and his nephew, Nathan Barnes, 21, of Welburn Grove, west Hull, both admitted assaulting the bailiff, causing actual bodily harm, and stealing items including a body-worn camera and a folder from him on November 15, 2024. Lee Barnes also admitted causing criminal damage to the man’s car.
Marc Luxford, prosecuting, said that a court enforcement officer arrived with a High Court writ at the industrial estate premises of a Scunthorpe company to collect an outstanding debt. He was wearing a body-worn camera, which was recording images for much of the incident.
The bailiff approached the company’s office and walked around the building. He saw Lee Barnes and Nathan Barnes walking towards him and he asked them where the people from the front office were. They were “curious” as to why he was asking.
There was an argument when the bailiff would not tell them. Nathan Barnes hurled insults at him and both men asked why the bailiff was on private property.
The enforcement officer showed them his body-worn camera but the men continued to challenge him and kept coming forward. The bailiff pushed Lee Barnes to the chest, causing him to fall backwards to the ground.
He warned them “not to start” and that he would call the police. “Both started to throw punches,” said Mr Luxford.
Nathan Barnes pulled the bailiff to the ground and kicked and hit him. He was pulled down again and the punches and kicks continued.
The bailiff curled up in a ball on the ground. Nathan Barnes picked up the man’s camera and the man was “battered”. Lee Barnes kicked a wing mirror on the bailiff’s vehicle while he was sitting inside telephoning the police.
The camera footage was automatically uploaded and the pictures were given to the police, who went to the scene. The man suffered two black eyes and bleeding to his nose and he was taken to Scunthorpe General Hospital.
The bailiff had to take two weeks off work because of his injuries, including concussion. He later suffered anxiety, constant waking up at night, flashbacks and a “deep sense of vulnerability”.
During interview at Scunthorpe police station, Lee Barnes made no comment to questions. He had convictions for 35 previous offences between 1990 and 2017.
During interview at Birchin Way custody centre, Grimsby, Nathan Barnes also made no comment to all questions. He had a conviction for assault in February 2019.
Connor Stuart, mitigating, said that Lee Barnes wrongly believed that the bailiff was unlawfully on the company premises and that he was assessing it for a possible burglary. “It was not a planned attack on the bailiff,” said Mr Stuart.
“It was a spontaneous confrontation on the industrial estate, which escalated rapidly. It was a short-lived incident with no weapons used. There was no pre-planning in the theft or criminal damage.
“It occurred in the heat of the moment. It was plainly a loss of temper in a very volatile situation but it was not a premeditated assault. He has been drug-free for over a year now.”
Julia Baggs, representing Nathan Barnes, said that the defendant did not realise why the bailiff was there. He wrongly thought that the man was being aggressive. “He behaved badly and poorly,” said Miss Baggs.
“He expresses shame and deep apologies to the complainant. He knows now that he was simply doing his job.” Nathan Barnes pleaded guilty at the first opportunity and he was working full-time.
Lee Barnes was given a one-year suspended prison sentence and 25 days’ rehabilitation. Nathan Barnes was given a 10-month suspended prison sentence, 200 hours’ unpaid work and 10 days’ rehabilitation.
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