A HEREFORD property developer has been cleared of charges of sexual assault and assault by beating against the same woman following a trial.

Paul Tobin, 47, of Canon Pyon, appeared at Cheltenham Magistrates Court on Tuesday.

The charges related to an incident on the crowded dancefloor of Saxty’s nightclub in Hereford in the early hours of November 13 last year.

Mr Tobin was alleged to have touched the bottom of a young woman before she confronted him, pushed him and hit out at him.

After he attempted to restrain her, the complainant hit out again at Mr Tobin and he responded by punching her, knocking her to the ground unconscious.

However, the sexual assault charge was dismissed part way through the trial as Judge Joti Bopa-Rai said there was insufficient evidence and no case for Mr Tobin to answer.

Simon Cooper, defending, then argued that the blow Mr Tobin inflicted was in self-defence.

“This is a troubling case, born of a mistake. There was some sexual assault against the complainant, but she picked the wrong person and assumed he was the culprit but he wasn’t,” he said.

“There is no doubt he bitterly regrets his actions and causing her injuries but he was entitled to the blow. He acts in self-defence.”

Prosecutor, Paul Ricketts, had argued that Mr Tobin’s action went ‘far beyond what was necessary’ and had acted in ‘anger’ when he punched the woman.

Judge Joti Bopa-Rai said she supported the view that Mr Tobin acted in self defence after the complainant used physical force against him three times.

The judge then declared him innocent on all charges.