Pub texts get Bilston man out of prison at last
A man from Bilston has had his assault conviction quashed – after he found text messages proving he was with his girlfriend when an attack took place.
Pervinder Swarnn was given a 16-month jail sentence in March last year.
A jury convicted him and his brother Sukwinder of assaulting Harjinder Dhanda at his Wolverhampton home.
But judges at the Court of Appeal have cleared Pervinder after new evidence came to light.
The evidence revealed he was at a pub in Wales for a 'weekend of relaxation' with his girlfriend.
Text messages showed he was at the Rat Trap Inn in Usk on January 28, 2013, when the assault occurred.
Judges at the Court of Appeal had no hesitation in quashing the conviction after the evidence was revealed to the court.
The appeal hearing heard Pervinder Swarnn had always maintained his innocence.
Lady Justice Rafferty, sitting with Mr Justice Green and Mr Justice Edis, told the London court: "Mr Swarnn always maintained he had nothing to do with an unpleasant assault."
Pervinder was identified in an ID parade and then convicted, but he later found the old text messages that backed his alibi, said Lady Justice Rafferty.
The texts showed that, on the date in question, 'he had taken a young woman away for a weekend of relaxation', which he had later forgotten about.
Police visited the Rat Trap Inn and the assistant manager confirmed Pervinder, aged 44 and of Wellington Road in Bilston, was there on the date of the attack.
In light of that 'totally new evidence', Crown lawyers did not oppose his conviction appeal.
Last year's trial at Wolverhampton Crown Court heard the two brothers allegedly took the law into their own hands after their sister paid another motorist £300 cash.
Their cars had been involved in a crash. And the money was allegedly intended to pay for the damage caused to his vehicle in the minor accident, it was said at the time.
However, Sukwinder and Pervinder were said to be furious when told what their sister had done and decided to seek retribution.
Mr Nigel Stenning, prosecuting, explained the car crash was a minor one.
He said in court: "She had clipped the victim's car in a minor collision and when the victim told her it would cost £300 to repair his vehicle she paid the money.
"When she informed her brothers of what had happened, they went round to the home of the victim."
The sentencing hearing was told the brothers had allegedly arrived at the property in Verwood Close, Portobello, late at night on January 28, 2013.
They were said to have threatened Mr Dhanda's wife, demanded repayment of the cash and knocked out one of his teeth during a bad beating when the money was not forthcoming.
It was said the attackers fled from the scene but were traced by police and arrested almost a month later on February 26.
Sukwinder, who has a poor criminal record, was jailed for 18 months while his brother received a 16-month sentence from Recorder Greg Pryce.
Two other people were given suspended jail terms for their part in the incident at an earlier court hearing.