|
Full Report
 | November 02, 1992 |
|
A terrified publican and his wife awoke to find a masked, knife wielding intruder in their bedroom, the Old Bailey heard. But the couple quickly came to their senses and recognised the burglar as one of their regulars at the Lord Wellington, Leaver Street, Finsbury. On Friday after Mrs Carol Hayes told the court that after their initial shock, they had not been 'in fear,' John Payne was allowed his freedom. Imposing a two years jail sentence suspended for two years the Common Serjeant of London, Judge Robert Lymbery QC told the out of work actor: 'In normal circumstances a more serious offence is hard to imagine and people committing such offences would face very substantial jail sentences. 'The courts will not have armed people marauding in other peoples homes in the middle of the night. 'After substantial doubt and hearing from Mrs Hayes I can suspend the operation of your sentence.' The court heard how the Hayes's schoolboy son, Edward, 15, been woken by a noise in the bathroom of the family's living accomodation above the pub. 'The dog barked then a man came into Edward's room. He had a towel over his face,' said prosecutor Mr Joel Clompus. The intruder left the room and young Edward, grabbed some clothes and bravely followed. Edward noticed something in the man's hand - it was in fact a knife which he had armed himself with from the family's kitchen. Realising he was being tailed, the intruder ordered the boy back to his room. Edward ignored the command and followed the man into his parents room. They were just rowsing, disturbed by the family's dog barking and Edwards shouts, as the intruder burst in. 'He was pointing a knife at them,' continued counsel. But in spite of the tea towel - belonging to the family - covering his face, Mrs Hayes immediately recognised the burglar. 'Oh, my God! It's John Payne,' she declared. Her husband also recognised him. 'Payne told them to get up, but the publican with great sang froid and courage tackled him,' said Mr Clompus. He grabbed the man's knife hand, then his other and said, ''Come on John, don't be stupid.'' During the struggle, in which Mr Hayes' hand was cut as he tried to take the knife off Payne, the towel fell from his face. Payne tried to bluff his way out by saying he had an accomplice waiting outside with a gun. 'The response of the couple to that showed the greatest calmness and courage. Mrs Hayes said, 'In that case I'll call o73 the police,'' and Mr Hayes said, ''Send your mate in.'' Faced with such determined opposition Payne dropped the knife and fled the way he had come, through the bathroom window. Police were called and Payne was arrested nearby. Money he had stolen from the pub, pnds stlng 140, was found on him. Payne had not been in trouble since 1984 when he was given a suspended sentence for burglary. Mr John Cartwright defending described Payne's behaviour as 'incomprehensible.' He suggested that Payne, whose dream of acting stardom never materialised - he has only ever had bit parts - may have got caught up in acting out some sort of fantasy role during the break-in. 'He is known as The Actor. There is a theatrical side to this young man which is not entirely fullfilled. 'A possible explanation is that this was a fantasy, entirely out of his own character and, it must be said, can hardly have been serious. 'I can offer no sense for his behaviour, he simply doesn't understand it.' Payne, 36, of Goswell Road, Finsbury pleaded guilty to burglary and affray at the pub on February 1, this year. His not guilty plea to the more serious charge of aggravated burglary was accepted by the crown. ENDS | |