Police say sorry over ‘caution’ for violent road rage attack on pensioner

A police force has promised there will be no repeat of its mishandling of a case where a road-rage motorist who punched a pensioner until his eye socket cracked was due to receive just a caution.

Gloucestershire Constabulary issued an apology and accepted it has “learned lessons” after Stuart Borley began a four-and-a-half year jail sentence for his unprovoked attack on grandfather-of-three Philip Edwards.

Borley, 44, hit Mr Edwards up to ten times, leaving the 74-year-old with a broken cheekbone and nose as well as needing hospital treatment.

The victim told Bristol Crown Court the force initially failed to take the case seriously and threatened the OAP with a dangerous driving summons.

The change-of-heart by the police was eventually picked up several days later, only after the elderly victim complained to the police through a solicitor and the incident was reviewed by a senior officer. Borley was then charged with causing grievous bodily harm with intent.

A force spokesman apologised for the way the police originally suggested the case could be handled by way of restorative justice. “It was inappropriate and insensitive,” he said.

But he added: “Thankfully, action was then immediately taken to ensure the investigative approach was changed, resulting in Borley`s conviction for causing grievous bodily harm.”

A full debriefing session took place, including involving those officers who originally investigated the incident, to ensure “everyone understood the learning points from the case,” he added .

Borley, of Northway, Gloucestershire, told a previous hearing that his mental state was affected by painkillers and anti-anxiety medication which made him moody, irritable and aggressive on the day of the attack.

He said: “I am not a violent person. I can`t believe what has happened. I can`t sleep. I just wish I had done something different.”

Borley claimed Mr Edwards had pulled out on him as two lanes merged into one at Coombe Hill traffic lights near Cheltenham, and that he had perceived a threat from his vehicle.

He walked up to Mr Edwards`s door, ripped it open and punched the pensioner in front of his wife and two young granddaughters, the court was told.

Mr Edwards said that he has happy with Borley`s sentence but criticised police for originally suggesting his attacker should be let off with a caution.

The pensioner, who is considering lodging a formal complaint with the force about the officers who initially dealt with the case, said: “It was disgusting. It was a mish-mash. I didn`t have much faith in the police.”

However, he did add that officers who later took on the case had done a very good job.

Mr Edwards, who has suffered from post-traumatic stress, headaches and depression following the assault, said: “It was just an unprovoked attack.”

The force spokesman added: “We respect the family`s right to make a complaint but can reassure everyone we have already learned a lot from this experience, which will help ensure it doesn`t happen again.

“That said, we understand the family`s distress and the impact this had on the victim and would like to pass on our sympathies once again.

“We believe this means a similar thing won`t happen again,” he said.

Judge William Hart described the attack, in May last year, as a “nightmare” for Mr Edwards and said he was sure the pensioner had not done anything to provoke it in the way he drove.