A BOXING coach who put a man in a coma with a ‘slap’ has still not been sentenced, after a judge said that the issue that delayed the case should have been considered earlier.

Jonathan Shaw admitted grievous bodily harm last month, related to the incident in which David Paul Hannay suffered a bleed on the brain following the single blow struck by the 30-year-old outside Keystones bar in Worcester, on November 3 last year.

The defendant, who says on his website he has had more than 60 competitive boxing fights, pleaded guilty in September on a basis that has been put forward by his advocate, Jason Patel.

It includes the lines: “Mr Hannay approached me a number of times inside and outside - I did not want to talk to him and he was told this on a number of occasions. Just after midnight he approached me outside when I was with Mitchell Griffiths and Michael Slater. I again said I didn’t want to talk. Mr Hannay talked about fighting me and stabbing me. I then misjudged his movement - this caused me to hit him with an open palm slap.”

But at the sentencing, Lee Egan, prosecuting, said they rejected the paragraphs related to Mr Hannay allegedly provoking violence before Shaw delivered a “blow of some force” with his open hand.

After viewing silent CCTV of the incident ,Judge Martin Jackson said: “Mr Patel, if I was to decide, without hearing from the complainant and your client, from that I would say there was no evidence of any attempt to assault your client.”

But Mr Patel said witness Mr Griffiths had heard the conversation, in which he had said there had been provocation from the victim, and he added that his client’s basis of plea was he had then “overreacted”.

Mr Egan said: “It is the prosecution’s case there was never any suggestion of violence from the victim. The crown’s position is Mr Hannay didn’t do anything to provoke a reaction at all.”

The judge replied: “Then you will have to have a trial of issue. This should have been considered.”

He said the key issues would be whether there was provocation, including talk of fighting and stabbing, and if there was evidence to counter Mr Shaw’s suggestion that he misjudged what was about to happen, to cause the overreaction of the strike.

It was arranged that witnesses, the victim and Shaw, of Mendip Close, Malvern, would all give evidence at the trial of issue, which the judge provisionally set for 2pm on December 11.

Asking Shaw to stand, the judge said: “Mr Shaw I’m very sorry I don’t believe I can do justice to your case. You have pleaded guilty, but it seems to me I have to determine whether there is any substance to the assertion there was any provocation from Mr Hannay.”

The judge indicated for Mr Hannay to leave first, adding “I’m sorry the case could not be heard today.”

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