Manslaughter victim's family speak of heartache over trial

Vijay Masih told Warwick Crown Court he acted in self-defence when he punched Robert Bavington following an incident at a bar.

But a jury rejected his story and found Masih, 31, of Brook Road, Willenhall, guilty of manslaughter. He was jailed for six years.

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After the verdict was delivered the family and jury members were told Masih had previous convictions for battery 12 years ago, and then for kidnapping and assault nine years ago, when he was jailed for three-and-a-half years.

Mr Bavington, 28, from Rugby, was attacked by Masih after he tried to calm an argument between the defendant and his girlfriend outside Moor Bar in Leamington.

Mr Bavington's brother James, 32, also from Rugby, said: "We were all surprised - we'd been told this person was a family man, he (Masih) ran down the avenue of being a person who acted in self-defence.

"Had we known the previous convictions, it would have given us clarity of his disposition and the fact he was capable of carrying out such an offence."

He added: "It turned out as bitter sweet come the end, however, not having that information in the first instance, it would have spared us any doubt we had.

"We may have not been left convinced over what we believed happened, we may have been left thinking Robert did act out of character, and that would have been devastating."

In trials judged by a jury, previous convictions for defendants are withheld so to not sway the minds of the jurors when reaching a verdict.

In some exceptional cases, previous convictions of a similar nature to the charge being faced are disclosed.

Mr Bavington said: "In some cases where the previous convictions are similar to the charge being tried for, and where the defence may be attempting to create an image of the defendant on the contrary, then the jury should know.

"This could have been helpful in this trial.

"But I do also realise that in many cases jury should be free to make their own decision, not based on previous convictions."

The jury heard what happened leading up to the attack on April 10 last year, with an earlier incident taking place in the smoking area outside the bar which led to a confrontation between Mr Bavington’s girlfriend and two of the women in Masih’s group.

Mr Bavington tried to calm things down and shook hands with a member of Masih’s group – but when Masih then came out of the bar, Mr Bavington's girlfriend became involved in a heated argument with him.

Masih was pushed to the chest by the girlfriend before he then punched Mr Bavington, who was acting as the 'peacemaker', Prosecutor Mr Peter Grieves-Smith said.

This caused him to fall backwards and hit his head, causing a skull fracture and severe injuries to the brain of the managing director of a web design company called Fly Full Circle, based in Fargo Village, Coventry.

He died a few hours later.

Mr Bavington's brother, James, said their father, Ian, could not sit in the trial until the guilty verdict was heard.

James said: "The thought of him being able to get away with it, and then his previous convictions read out - it would have been too much to take, just devastating.

"We have always wanted to know what happened that night, and up to now we have not had our stories put straight. Now we know."

He added: "The whole family being put through the trial process has just felt like an avoidable, excruciating torture. Had he taken responsibility for his actions by pleading guilty at the start we could have been spared that.

“The key thing that has been upsetting is the family having to hear the details of the circumstances of Robert’s death.

“But we are incredibly proud of the way Robert conducted himself in an exemplary manner, as has been shown by the evidence.

Mr John Butterfield QC, defending, said there was no weapon used and Masih only threw one punch.

Jailing Masih, Judge Richard Griffith-Jones said: “It was a hard punch. People who are punched hard when they’re not expecting it are vulnerable. It was a cowardly act."

The family of Mr Bavington have been raising money for Zoe's Place Baby Hospice in Coventry since his death. He supported the charity with his friends. So far, more than £11,000 has been raised. To donate, visit www.justgiving.com/fundraising/robertbavington