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No jail term for man who broke Guy Ritchie's half brother's leg at Gloucester Docks

By The Citizen  |  Posted: February 17, 2014

Kevin Baynton, pictured after the incident in 2012

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A hospital worker who crippled film director Guy Ritchie's half brother when he drove into him in Gloucester Docks has avoided going to jail.

Kevin Baynton, 53, was thrown onto the bonnet of Witold Poreba's Peugeot car and his leg was broken in three places when he fell off.

But a judge accepted that Poreba's dangerous driving was in panic because he was in fear of Mr Baynton and his companions.

At Gloucester Crown Court Polish-born Poreba, 31, of New Street, Gloucester, who works at Cheltenham General Hospital, was given a nine months jail term suspended for two years after he admitted dangerous driving and failing to stop after an accident.

He was also banned from driving for 15 months and ordered to do 200 hours of unpaid work.

Judge Jamie Tabor QC ordered that Poreba's car be sold and the proceeds given to Mr Baynton towards compensation for his injury.

And he orderered Poreba, who has been in the UK for five years, to pay £250 costs.

The court heard that at the time of the the incident on October 25 2012 Mr Baynton and three friends were in his Chrysler Voyager in Gloucester after a trip to Weston-super-Mare.

Poreba had been playing football with friends and was driving to Gloucester Docks to drop one of them off.

The two cars were both in the Wellington Street area at the same time and Mr Baynton felt that Poreba's headlights were dazzling him and later that he was driving deliberately slowly ahead of him.

When Poreba pulled in at the docks Mr Baynton drove in alongside him and he and one of his passengers got out and walked 'purposefully' towards Poreba's Peugeot.

The court heard that Poreba reversed away from the advancing men - but then drove forward into Mr Baynton.

He was thrown onto the car and then fell, hitting his leg on a bollard and suffering serious injuries which have left him still having to walk with a crutch 15 months later

Passing sentence, Judge Tabor said it was clear Mr Baynton followed so closely behind the Peugeot that Poreba was feeling anxious.

He said Mr Baynton told police that when the two cars stopped his intention was to speak to Poreba about his driving.

"It does not appear necessary for another passenger to have got out as well," said the judge. "In fact two other passengers got out.

"I am quite satisfied that the defendant was very frightened by the manner of the driving and the approach of the two men and the presence of the third.

"Rightly, or wrongly, the defendant feared violence was about to be perpetrated upon him. Sensibly he reversed away. But having reversed he found Mr Baynton in front of his car.

"He panicked and drove forward. He expected Mr Baynton to get out of the way but he did not and he was struck by the vehicle.

"This has been a particularly tragic case as the victim has been seriously injured and his life as a result of this incident has been altered. This was an accident arising out of a single incident of bad driving and the injury was in no way deliberately inflicted."

Janine Wood, prosecuting, said Mr Baynton had suffered severe injuries to the right lower leg.

The judge commented: "He has had a distressing number of problems. He has found it difficult to recover. His relationship has broken down and getting back into employment has been a real struggle for him."

Robert Duvall, defending, said Poreba had not realised his headlights were set too high or that his driving was causing any problem.

Poreba is a hard working Cheltenham General Hospital employee, highly regarded by his boss, and has never been in any trouble withh the law before, he added.

He described Poreba as a quiet, mild mannered and law abiding man who had simply panicked in the situation he was in.

"He did not intend to strike Mr Baynton and we say the actions of Mr Baynton contributed significantly to the likelihood of a collision. But the defendant accepts his behaviour fell far below the standard of a responsible driver.

"His driving was the unpremeditated response to an immediate and geniune fear for his own safety."

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  • alcik83  |  February 19 2014, 7:00AM

    I wanted to add something..They forgot to write that Mr.Baynton has had 4 previous convictions..and also closely followed Poreba's Peugot more than 1 mile..Should get both sides of the story, not one..I do not care he is a Guy Ritchie's half brother.I would say likely infamous half brother.He should get sort it out and not threaten innocent people in Gloucester..

  • alcik83  |  February 18 2014, 10:46PM

    Thank you all for the support I am Witold Poreba's girlfriend and these 2 years were hell for us. Mr.Poreba is a responsible and very good driver.Because of Mr.Baynton's bullying he lost his driving license for 15 months,200 hours of unpaid work,£250 penalty plus money for our car as a compensation this is a prosecution which should have not been given as a result of self defense..Thanks again for your support

  • GlosAnarchy  |  February 18 2014, 10:50AM

    Mikehibby - have to agree with you here! "The two cars were both in the Wellington Street area at the same time and Mr Baynton felt Poreba's headlights were dazzling him and later that he was driving deliberately slowly ahead of him." So they turned around and started to follow him? "When Poreba pulled in at the docks, Mr Baynton drove alongside him and he and one of his passengers got out and walked "purposefully" towards Poreba's Peugeot." This has been written to make the driver sound bad, the occupants of the car got out not one! This sounds like a case of road rage where the aggressor got the worse of it, what would have happened if he had not fled and had the .... beaten out of him. I have been followed by drivers for "deliberately slowly" in front of them, this usually occurs when you stick to a 20mph speed limit! The court agrees that Kevin Baynton was also driving "closely" (dangerously) is he being prosecuted???? I think the prosecution of the driver was unfair as if he felt in danger for his safety he was acting in self defense!

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  • mikehibby  |  February 18 2014, 9:34AM

    Sounds like Mr Baynton was unnecessarily aggressive in getting out of the car and approaching someone who he seems to have followed to the docks. I'd have been scared too if a car full of yobs had followed me and then three of them got out. He can claim he was "going to talk about Mr Poreba's driving", but essentially his intention was to intimidate (otherwise why did he not tell his friends to stay in the car). Sounds to me like a bully got what was coming to him.

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