Salesman cleared of assaulting customer

Nov 6 2007 by Dave Black, The Journal

A CONSERVATORY salesman wept tears of relief last night after a court cleared him of assaulting a prospective customer.

Experienced salesman Carl Birkenshaw, 42, had been accused of punching George Dixon several times in the face and leaving him bleeding from the mouth after violence flared during a sales pitch at Mr Dixon’s home in Cramlington, Northumberland in February.

But last night – following a two-day trial – magistrates in Bedlington found him not guilty of common assault, ruling that he acted in self-defence after being struck first by Mr Dixon.

Mr Birkenshaw, who lives with his wife and two young children in Frank Place, North Shields, broke down following the verdict and later spoke of his immense relief at the conclusion of what he described as a nine-month nightmare.

The salesman, who has been in the industry for 22 years and received glowing testimonials for his professionalism from his boss, former employers and customers, said police had made a “fatal error” in arresting him before hearing his side of the story.

He said: “This has been a nightmare. What was said about me by Mr Dixon was untrue and I would like to thank the magistrates for their decision. I am just happy it is all over because it has been going on for nine months and has put a lot of pressure on me and my family.

“Mr Dixon got upset because I would not give him a price for the conservatory, and after all this happened I just think he wanted to discredit our company. The case should never have got this far.’’

The incident happened when Mr Birkenshaw, who works for Paramount Windows and Conservatories, arrived by appointment to see Mr Dixon and his wife Evelyn to discuss an Edwardian-style conservatory they wanted installed at their home. Earlier in the trial Mr Dixon claimed he was assaulted by Mr Birkenshaw after he asked him to leave the house when the salesman began slagging off a rival company which had already given the couple a quote for the work.

Mr Dixon said Mr Birkenshaw refused repeated requests to leave the property and then punched him several times when he tried to usher him out.

But yesterday Mr Birkenshaw told the court it was he who had been the victim of aggression. He said Mr Dixon told him to leave when he refused to give him a quote for the work until he had completed a full sales presentation.

Mr Birkenshaw said Mr Dixon told him he was not interested in what he had to say, told him to leave again and then came towards him before grabbing him by the coat collar. He said Mr Dixon then swung two punches at him, hitting him on the cheek with the second one.

Mr Birkenshaw said he feared for his safety so when the householder tried to hit him for a third time, he punched him in the face in self-defence, knocking him backwards. He then picked up his briefcase and left the house, but Mr Dixon followed him, screaming obscenities, before throwing gravel at his car and kicking it as he drove off.

Yesterday he told the court: “In all my 22 years in the industry this had never happened before. I was in shock and rang the police and reported that I had been assaulted.’’

His solicitor, John Monkhouse, said it was astonishing that Mr Birkenshaw was the only person before the court following the incident.

Graham Auld, managing director of Paramount Windows, told magistrates Mr Birkenshaw was an outstanding employee and he had never received a single complaint from a customer about him.

Chairman of the bench, Pam Brown, said they believed Mr Birkenshaw’s version of events and that he acted in self-defence when struck by Mr Dixon.