A disabled pensioner who hit a woman with his walking stick was excused from appearing in the dock at court because his walking frame wouldn't fit.
Leonard Catchpole hit his victim with a metal stick in a "totally unprovoked" attack in September 2003, Colchester magistrates heard.
The 77-year-old deaf man was convicted at an earlier hearing. He had denied assault but was unable to attend court and found guilty in his absence.
Jonathan Reynolds, prosecuting, said Catchpole had beckoned to his victim - a 64-year-old woman.
"She got out of her car to talk to see what he wanted and was met with unprovoked verbal abuse. She turned back to her car and saw the defendant raise his walking stick above his head and in a split second strike her on her left leg."
The victim suffered a large bruise and was unable to get out of bed for four days, the court heard.
Kim Kennedy, mitigating, said Catchpole, of Spring Gardens Road, Chappel, spent "half of last year" in hospital.
"He is extremely disabled and has replacement hips and knees, and walks with a Zimmerframe.
"He still maintains his innocence."
Catchpole was given a 12-month conditional discharge and told to pay £50 compensation to his victim.
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Published Monday, February 21, 2005
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