Man jailed for attack outside Boscombe pool bar

Manuel Eugenio Caldeira punched Joseph Cirilo Ascensio Fernandes outside Bar 7 in Christchurch Road before repeatedly kicking him while he was on the ground.

After the attack he went back into the pool bar and another customer recalled him saying "I've finished him".

Mr Fernandes, aged in his 60s, was discovered in a doorway and he was rushed to hospital although this more than 20 minutes after the assault.

The victim was placed in an induced coma in the critical care unit at Poole Hospital with head injuries.

Nine days later he suffered a seizure and was diagnosed as having a stroke and pneumonia. He is currently living in support accommodation, using a powered wheelchair.

Judge Robert Pawson jailed Caldeira, 57, for 22 months at Bournemouth Crown Court on May 26 after telling him immediate custody was the "only appropriate punishment given the seriousness of the consequences" his attack had on the victim.

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Manuel Caldeira

Prosecuting, Francisca Da Costa told the court on January 25, 2020, the defendant, of Randolph Road, Bournemouth, and the victim were both at Bar 7 at around 7pm. Prior to that evening they had not met each other before.

A member of staff described Mr Fernandes as being "loud, boastful and confrontational".

"The victim and the defendant got into an argument about Venezuelans," said Miss Da Costa.

"A lady who worked in the bar recalls the victim saying to the defendant 'so you think you are the king of Venezuela'. In her view the victim was provoking Mr Caldeira.

"Mr Caldeira slammed his fist on the bar. The victim did the same but shortly after that they were seen to reconcile. They hugged and had a drink together."

However, the two men were soon arguing again and a member of bar staff asked the men to sit at each end of the bar.

The defendant pushed the victim causing him to fall back before Mr Fernandes was asked to leave as staff did not want any more problems, the court heard.

Mr Fernandes went to leave but he was stopped and grabbed by another customer and Caldeira pushed him again.

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The victim left about a minute later but was followed by the defendant, said Miss Da Costa.

The assault, which was seen by two people, occurred in the doorway of the neighbouring premises.

Bar 7 in Christchurch Road, Boscombe

"They spoke for a minute or two and then Mr Caldeira punched the victim causing him to fall backwards, lying partly in the doorway," said the prosecutor.

"Mr Caldeira then stood over Mr Fernandes and kicked him."

She added: "The kicks appeared to land from the waist up on the victim.

"While Mr Caldeira was kicking the victim, his hands were holding onto the wall for support.

"The kicking lasted for a minute or two and the victim remained on the floor throughout."

Miss Da Costa said after the assault the defendant returned to the bar. She told the court: "A customer who later wrote a witness statement remembers Mr Caldeira returning to the bar saying 'I've finished him'."

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The defendant left the bar a short time later and went to Royal Bournemouth Hospital for treatment to a hand injury, where he was arrested.

The court heard Mr Fernandes remained lying in the doorway outside and when a barmaid went to put rubbish out 20 minutes after Mr Caldeira had left she saw the victim but assumed it was a homeless person.

"She went out again some time later and recognised the man in the doorway who was still there to be Mr Fernandes," said Miss Da Costa. "She saw that he was injured and telephoned an ambulance.

"The ambulance arrived at 8.40pm. The victim was concious but mumbling and his head was covered in blood.

"He had suffered trauma to the back his head and he bleeding from the mouth.

"Many of his teeth had been knocked out and these had to be removed from his mouth so the paramedics could stabilise him."

A doctor's report found that some of his injuries were consistent with a "severe degree of force" being used.

Miss Da Costa added: "The seizure (stroke) occurred on February 3 last year. It maybe that there are some issues about his care at hospital but the prosecution maintain that the victim would not have suffered a stroke but for the actions of Mr Caldeira."

Since the attack, the victim's ability to take care of himself has "diminished".

"He has had to come to terms with life-changing injuries," said the prosecutor.

In police interview the day after the assault, Caldeira made no comment.

Mitigating, Tom Evans said his client accepted "at least one" of the kicks connected with the victim's head.

The barrister said the attack was not pre-mediated and that the defendant responded to being insulted by Mr Fernandes, particularly comments about his mother.

Mr Evans argued this presented a greater degree of provocation than normally expected, however Judge Pawson did not agree. The judge said it was "foul abusive language which sadly is not uncommon" but "at your age you are expected to deal with it for what it is - childish insults".

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Judge Pawson said the pre-meditation argument "carries more force" but noted that the defendant followed the victim out of the bar.

Mr Evans said immediate custody would impact on his client more severely as he does not speak or understand English, and it would impact on members of his family both in Bournemouth and in Venezuela.

The defendant has no previous convictions and was remorseful for his actions, the court heard.

Caldeira was due to face trial for an allegation of inflicting grievous bodily harm with intent, however, the court heard due to issues tracing eye witnesses who had left the country, the crown accepted a guilty plea to a charge of inflicting grievous bodily harm last month.

In passing sentence, Judge Pawson said: "You were drunk. He insulted you, particularly your mother.

"You punched him and then kicked him five times when he was on the ground."

The defendant spent 83 days in custody and 401 days on qualifying curfew, which the judge confirmed will be taken into account by the prison service to determine when he is eligible for release on licence.

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DC Ben Swain, of Bournemouth CID, said: “Manuel Caldeira subjected his victim to a nasty assault that left his victim with significant injuries that were initially considered to be potentially life-threatening and are likely to continue to impact him for the rest of his life.

“I am pleased that we were able to quickly identify this defendant as the man who was responsible for the assault and I would like to thank all the witnesses who supported our investigation.”

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