Father and son Leeds United fans attacked Manchester United supporter on train after 'banter' turned sour
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Alan Gerstmar rained “four or five punches” on the man’s face after “banter” in the carriage became heated. The scuffle then continued on the platform at Wakefield Kirkgate where Gerstmar’s son, Bradley, became involved and also threw punches.
Presiding at Leeds Crown Court, Judge Andrew Stubbs said: “Drunken football-related violence taking place on a train and spilling out onto the platform is worth prison.
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Hide Ad"You both should be ashamed of what you did. If there had been an application to ban you both from football games, I would have done it. What you did was appalling. You beat him up on the train and then on the platform.”
Prosecutor Jo Shepherd said there had been good-natured chatter on the Sheffield-bound train between Leeds and Southampton fans following the 1-1 draw between the clubs at Elland Road on April 2 last year. She said people were intoxicated but in high spirits.
But then the victim became involved and the atmosphere turned sour, with 58-year-old Alan Gerstmar launching an attack on the man. Bradley, who is 28, was at the other end of the train at this point.
Rail staff and the driver became aware of the fight which then resumed on the platform and involved both father and son. They were arrested and Alan said that “had he not been provoked, he would have not have hit him”.
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Hide AdAlan and Bradley, of Margaret Road, Darfield, Barnsley, both gave no-comment interviews during their interview with the British Transport Police. They gave another no-comment interview six months later. They both admitted affray.
Pre-sentence reports said the pair had been drinking in pubs before the match. They had been season tickets holders for 17 years. Alan said he was “ashamed of his actions”. He has three previous convictions for five offences.
Mitigating for Bradley, Eleanor Mitten said he had only got involved because his father was. She said: “Admittedly is was unpleasant, but it was entirely out of character. He has no previous convictions, there is nothing since this happened 18 months ago. He is remorseful for his actions and his behaviour he does not intend to repeat.”
Representing Alan, Matthew Stewart did not provide further mitigation after Judge Stubbs said he would not send either into direct custody.
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Hide AdHowever, Judge Stubbs was surprised that the Crown had not applied for a football banning order to prevent them attending further matches. He took into account that both men were “hard-working and responsible people who made a bad drunken decision”.
He handed Alan Gerstmar a 12-month jail sentence, suspended for 12 months. He said he must carry out 140 hours of unpaid work.
For Bradley Gerstmar, he handed him 10 months' jail, also suspended for 12 months. He was given 100 hours of unpaid work. Both were also ordered to pay £425 towards the prosecution costs.