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Wales Online
Wales Online
National
Philip Dewey

Man has part of his ear bitten off outside police station in Cardiff after road rage argument

A fight outside a police station led to a chunk of man's ear being bitten off following a road rage argument and a collision.

Daniel Whelan, 36, became involved in an altercation with David Harris outside Ely police station in Cardiff on January 20 last year which left the victim partially mutilated.

It arose after Mr Harris gestured to the defendant's girlfriend Samantha Heggart to speed up after his Mini was stuck behind her Audi Q3, in which Whelan was a passenger.

After Ms Heggart began to follow Mr Harris' vehicle, there where was a collision after the Audi drove into the back of the Mini, causing the victim to drive towards the police station.

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When they arrived at the station, Whelan shouted "Come on big man, I'm going to f****** have you" and rugby tackled Mr Harris to the ground and punched him the face before biting his ear.

A sentencing hearing at Cardiff Crown Court on Friday heard the victim required 17 stitches and an operation to repair his ear, which bled heavily after the attack.

Prosecutor Kathryn Lane said Mr Harris was driving through Llandaff when he ended up behinds Ms Heggart's vehicle, when he gestured to her to speed up but when the car reached a set of lights, Whelan got out of the vehicle.

He then banged on Mr Harris' window and tried to open the door but the victim drove off and was pursued by the Audi. When they reached Heol Trelai in Ely, it was claimed the victim broke suddenly and the Audi crashed into the back of him.

Ms Lane said Whelan became angry as a result of the collision due to Ms Heggary being 16 weeks pregnant. The defendant got out of the car again and smashed the passenger side window of Mr Harris' Mini.

Mr Harris drove towards Ely police station but when they arrived violence erupted.

The prosecutor said: "The defendant rugby tackled him to the ground and Mr Harris banged his head on the ground. The defendant began to assault him by punching him.

"The defendant said 'There's no f***** in the police station anyway' and bit Mr Harris' ear and pushed his thumb into his left eye."

At this point, Mr Harris struck Whelan to the face and attempted to escape but he was restrained by one of Whelan's friends who had been called to the scene.

Officers from the station went out to see what was going on, spoke to both parties and arrested Whelan.

The victim was taken to hospital where he received treatment for injuries to his left eye socket, a retinal haemorrhage, cuts to his elbow and knee, and the injury to his ear.

Whelan, of Atlantic Place, Barry, later pleaded guilty to section 20 wounding and criminal damage.

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In a victim personal statement, Mr Harris said he suffered diabetes and was worried about infections to the open wound on his ear, which he described as painful and made it hard to sleep.

In mitigation, defence barrister Andrew Taylor said the victim had acted aggressively and hostile throughout the exchange with his client and had used racist language such as "Get that P*** b****** off me" during the altercation.

He also said Mr Harris had been involved in two "road rage" incidents within a year of the altercation with Whelan.

Sentencing, Recorder Mark Cotter QC said: "No one can justify the force you used. Using your teeth that way is the same as using a weapon."

Whelan was sentenced to 12 months imprisonment suspended for 18 months, and was ordered to carry out a 28 day rehabilitation activity requirement, 150 hours unpaid work and to pay £1,000 in compensation to Mr Harris.

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