Jailed MP Mike Amesbury has had his prison sentence suspended following a court appeal.
The Runcorn and Helsby MP, who was given a 10-week prison sentence on Monday for punching a man in the street, appeared at Chester Crown Court on Thursday for an appeal hearing after three nights in HMP Altcourse.
Honorary Recorder of Chester Judge Steven Everett, sitting with two magistrates, suspended the sentence of 10 weeks’ imprisonment for two years.
He also ordered Amesbury to carry out 200 hours of unpaid work, undertake a 120-day alcohol monitoring requirement, go on an anger management course, and complete 20 days of rehabilitation work.
Everett said it would be wrong to sentence Amesbury differently because he was an MP but added, “That doesn’t mean we can’t take into account that your behaviour as an MP was simply disgraceful.”
He said: “It’s been a very fine line. We came to the conclusion that, without in any way criticising the original sentence of 10 weeks, because of the important change in the last three to four days you are a realistic prospect of rehabilitation and therefore we will suspend the sentence for two years.”
The former Labour MP arrived at court in a prison van and was led into the building in handcuffs by an officer.
His suspended sentence still leaves the 55-year-old politician at risk of being ousted if his constituents back a petition calling for a by-election.
Amesbury pleaded guilty in January to assaulting Paul Fellows, 45, following a row in the street in Frodsham, Cheshire, in the early hours of Oct. 26.
Footage, played again in court, showed Amesbury punching Fellows to the head, knocking him to the ground, then following him onto the road and starting to punch him again, at least five times.
He was then heard saying, “You won’t threaten your MP again will you, you [expletive] soft lad?”
The appeal hearing was told in a prepared statement given in a police interview, Amesbury 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.
Everett said: “What he said to police doesn’t seem to fit in with the CCTV in pretty well any respect.”
Sentencing him, the judge said Amesbury had told police a “pack of lies.”
He said, “In reality what we saw was you becoming increasingly angry and agitated.”
Daniel Travers, defending, told the court, “He’s now had three nights in prison which is an experience he will never forget, certainly.”
He said the “public shaming” and “embarrassment” had a huge impact on Amesbury.
He added: “This is a man who will certainly rehabilitate. He will learn a very painful lesson.”
The former Labour MP has been sitting as an Independent for the Cheshire seat since he was suspended by the party after his arrest last year.
There is no automatic suspension for MPs serving a custodial sentence, although opposition parties have called for Amesbury to resign so a by-election can be held.
At Chester Magistrates’ Court on Monday, Deputy Senior District Judge Tan Ikram told Amesbury an immediate custodial sentence was necessary “as a punishment and a deterrent.”
