Footballer Kyle Dempsey and his dad are poised to give evidence in front of a judge as they seek to explain why they assaulted a social club doorman who was left injured.
Former Carlisle United star Kyle Dempsey — who currently plays for League 1 club Bolton Wanderers — and ex-rugby league pro Michael Dempsey appeared at Carlisle Crown Court a fortnight ago.
During that hearing, Dempsey junior, 27, and his 50-year-old dad both admitted assaulting doorman Daryl Jarvis, causing him actual bodily harm, while he was working at Maryport Labour Club on July 16 last year.
Violence which reportedly occurred at around 10.40pm erupted just hours after Kyle Dempsey had played for Bolton at United’s Brunton Park in a pre-season friendly fixture.
Mr Jarvis is said to have been left bleeding from a cut to his head and also suffered bruised ribs, a suspected broken nose and chipped teeth in what the prosecution have alleged was a “group attack” by the Dempseys.
The pair have sought to explain their criminal conduct in a court document known as a basis of plea. Their legal team have said this basis amounts to the contention that self-defence by both men was “excessive”.
The prosecution had been given time to consider this basis of plea, which must be agreed by both sides before the case proceeds to sentence.
But during a further crown court hearing this morning, prosecutor Peter Barr told Judge David Potter that the basis for the pair’s admissions was not accepted. The prosecution contend that the pair’s criminal conduct is more serious than they are willing to accept.
As a result, evidence will be called by both prosecution and defence during an extra half-day trial of issue hearing in front of a judge who then will decide who to believe before passing sentence.
Mr Barr intends to call Mr Jarvis to give evidence while also showing CCTV which captured the incident. Defence barrister Lisa Judge intents to call both Kyle Dempsey, of Blackpool, and Michael Dempsey, of Whitecroft, Maryport, to give evidence.
Neither defendant was present at today’s hearing with the respective lawyers appearing remotely via video links.
The trial of issue hearing is due to take place at Carlisle Crown Court on April 11. When the Dempseys last appeared in court, they were warned by a judge after admitting assault: “All sentencing options remain open, up to and including a custodial sentence.”
*Michael Dempsey has also admitted damaging a door belonging to Maryport Labour Club in connection with the same incident.
