A POLICE decision to not charge a thug who knocked out an elderly man recovering from cancer in a road rage incident has sparked disbelief.

The 28-year-old flattened Nigel Hawker, 62, in front of witnesses – and even admitted the attack to the police.

But he escaped with a caution, which is supposed to only be given for minor offences, and won’t be prosecuted in a criminal court.

Following a complaint over the leniency of the penalty, police say the case is being reviewed, while the attacker could be sued for damages.

Mr Hawker, of Curry Rivel, was taken to Musgrove Park Hospital, Taunton, where he was released eight hours later following treatment for injuries to his face, shoulder and arm.

His sister Pauline Barnes said the confrontation took place in the car park outside Homebase, at Hankridge, Taunton, at 1.45pm on Sunday after a woman driving the man was annoyed by Mr Hawker’s driving.

“They came rushing across effing and blinding at Nigel,” said Mrs Barnes.

“He turned to lock his car and the man thumped him in the back. Nigel fell into his car and onto the ground.

“My brother was knocked out and his face looked like a football.

“He suffered whiplash injuries, cuts and grazes to his face, shoulder and arm, and needed stitches in his ear.

“He’s only just back on his feet after we’d been told he was going to die last year with bowel cancer.

“He’s dreadfully shocked. If someone’s unhappy with your driving, it doesn’t merit that, especially a 28-year-old attacking a 62-year-old.

“I can’t believe he just got a police caution, but Nigel’s considering civil action against the man.”

Further questions have been raised as to why the police appeared to regard the assault as non-serious – here are some responses on Twitter @GazettePHill -

@lordparker: “Shocking...sends out all the wrong signals. Possible civil action I’d hope.”

@standardnoise: “That’s a disgrace. KOd someone and only got a caution?”

@2012Jblue: “Wrong! Disgraceful police should...have prosecuted.”

Lawyer Ed Boyce said a road rage incident, particularly if someone was rendered unconscious, would usually result in a criminal charge – although he added it was difficult to comment without the full facts.

Supt Ian Wylie confirmed officers were called after the assault, adding: “The investigation is currently being reviewed and as such it wouldn’t be appropriate for any further comment to be made at this time.”

 

*GOVERNMENT DEFINITION OF A CAUTION*

+THE police or Crown Prosecution Service can give you a caution (warning) or a penalty notice if you commit a minor crime.

+Cautions are given to adults aged 18 or over for minor crimes – e.g. writing graffiti on a bus shelter.

+You have to admit an offence and agree to be cautioned. If you don’t agree, you can be arrested and charged.

+A caution is not a criminal conviction, but it could be used as evidence of bad character if you go to court for another crime.