Attack victim upset over 'slow' justice
A victim of a glass attack in a Shropshire bar spoke of the painfully slow justice system that forced his family to put their "lives on hold" for 18 months.
Jamie Smalley was attacked in Shrewsbury in April last year.
Mr Smalley and his father Tony, a former policeman, today spoke of the impact delays in getting the case to court had had on their family.
They said more regard should be given to the impact on victims, who are often left in limbo as they wait to hear whether they have to give evidence in a trial.
Essel attacked Mr Smalley in the Vodka Source Bar in Shrewsbury after tensions had begun to build between him and Mr Smalley's group of friends while they were celebrating a friend's 21st birthday.
Mr Smalley was left with a scar on his nose following the attack.
Essel, 36, of Alma Street in Frankwell, Shrewsbury, was found guilty of assault occasioning actual bodily harm at a hearing last month.
He was handed a two-year suspended sentence and ordered to carry out 200 hours of unpaid work in the community when he appeared at Shrewsbury Crown Court.
The injury was caused by an item in Essel's hand which was either a glass or a bottle, the court heard.
Speaking to the Shropshire Star following sentencing, Mr Smalley and his father Tony spoke of how "slow" court proceedings had impacted on their entire family, forced the 23-year-old victim to change his plans to move to Australia on a work visa.
Mr Smalley said: "It just took so long. Now it's sorted I just feel so relieved but it put my life on hold for 18 months.
"I was meant to go to Australia in August but because of the court proceedings I had to stay and now I've missed the chance and got a job in this country."
He also criticised the suspended sentence handed to Essel, which he says was "lenient".
"I don't remember too much about the night apart from what I've seen on the CCTV.
"I've been left with a permanent, one inch scar down my nose which isn't the best.
"To be honest, I think he got off lightly. It seems like a lenient sentence to me."
The court heard Essel had been in the bar in Barker Street when tensions began to build between him and a group of people, including Mr Smalley, who were in fancy dress for a golf-themed pub crawl.
It was as the group Mr Smalley was with was leaving the venue that a member of the party "lunged herself" at Essel and an altercation broke out.
Essel lost his job and had since set up his own business, the court was told.
Former West Mercia policeman Tony added that while officers were "spot on" with their investigations, the justice system dragged the incident out.
He said: "It is a long time before it reaches any court.
"It downgrades the sentence.
"It needs to be dealt with faster because not only has it put my son's life on hold for 18 months, it impacts on the defendant and all of our families.
"The police were spot on throughout the whole case. It's the justice system that needs speeding up."
During sentencing, Judge Peter Barrie said of the attack: "This led to the injury of the face of the victim.
"That was a bad, violent reaction."
The court had previously been told that Essel had been seen forcing a glass into Mr Smalley's face.
Essel had a cut to his right hand after the incident but said he did not know how it had happened, the court was told.
A spokesman for West Mercia Police said: "We can confirm that overall the investigation took approximately four months.
"This had been a quick response time, taking into account a lengthy period to track down and interview multiple witnesses and also to obtain the medical statements in relation to the injuries sustained in this case.
"Sylvester Essel was charged on the 19th September 2013 and the case was then referred to the Crown Prosecution Services for review.
"Our officers had acted in a professional manner and speedy time frame to being Mr Essel to justice.
"It is not for West Mercia Police to comment on time scales on cases that are handed over to the Crown Prosecution Services."
A spokesman for West Midlands Crown Prosecution Service (CPS) said:"Throughout this whole prosecution, we have kept the victim fully informed on the progress of the case.
"When we were notified that the victim was intending on travelling to Australia, our Witness Care Unit contacted him to inform him that if the trial was fixed during his trip abroad, we would be able arrange for a video link in order for him to give evidence while he was in Australia.
"With regards to the case itself, on 28 April 2013, the defendant, Sylvester Essel, assaulted the victim and he was subsequently arrested by the police.
"Following a five month police investigation into the incident, a file was forwarded to the CPS.
"Having reviewed all of the available evidence we determined that there was a realistic prospect of conviction in respect of the defendant and that a prosecution was in the public interest. We therefore authorised the police to charge Essel with assault occasioning actual bodily harm.
"The defendant made his first appearance in court on 3 October 2013.
"A person is innocent until proven guilty and therefore, Essel, as is his right, pleaded not guilty on 20 January 2014 and elected for a trial before a jury.
"Prosecutors then began a process of liaising with our partners in the criminal justice system and the defence to prepare for and to proceed with the trial.
"In August 2014, the trial was heard at Shrewsbury Crown Court where Essel was found guilty. He was sentenced the following month and imprisoned to 12 months, suspended for two years, ordered to do 200 hours unpaid work and pay £1,000 compensation to the victim."
