Bolton Wanderers star and former Wigan Warriors academy player Kyle Dempsey and his dad 'had every opportunity to walk away' before they attacked doorman

The Crown Prosecution Service's leading advocate spoke out after Kyle Dempsey, 27, and his dad Michael Dempsey, 50, walked free from Carlisle Crown Court yesterday after they admitted causing actual bodily harm to a doorman at a club in Maryport, Cumbria in July.

Following an altercation with another man, the father and son followed that man into The Labour Club on Senhouse Street when they were ejected by the door supervisor. They then both launched a violent attack on the door supervisor.

After being ejected, they left, returning minutes later when Michael Dempsey broke open the locked doors before the two men launched another violent attack on the doorman.

In his victim impact statement, the security officer said: “It took nearly three months for my ribs to heal, my nose was broken, I suffered headaches for several weeks and I have a scar on the left side of my head which is a constant reminder of the attack.

"My wife has repeatedly asked me to leave the position and my children are very anxious every time I go to work. I am anxious about further attacks.”

Kyle Dempsey, now midfielder for Bolton Wanderers FC, and his dad Michael, an ex-rugby league player, both pleaded guilty to the assault on a basis that they were provoked and were acting in self-defence but following a Newton hearing the judge did not accept their explanation of why the assault took place.

He found that neither man acted in self-defence or in defence of another, that they were out of control and that they carried out a determined, persistent joint attack on the door supervisor.

Speaking after the case, Gerard Rogerson, crown advocate for the North West CPS, said: “The two men had every opportunity to walk away when they were ejected from the club, but instead they launched an extremely violent attack on the doorman who was simply doing his job.

“They claimed they were provoked, but after hearing the evidence against them, the judge agreed with the prosecution case that this went far beyond what could be considered self-defence. Today the two men must face up to the consequences of their actions.

“Everyone has the right to go about their daily lives without fear of violence. I hope that following the conclusion of this case the doorman can move on with his life.”

Kyle Dempsey was sentenced to 12 months' imprisonment, suspended for 18 months. He must carry out 200 hours unpaid work. He was given an electronically monitored curfew for four months, from 9pm to 7am. He was also ordered to pay £1,500 to the doorman.

Michael Dempsey was sentenced to 13 months' imprisonment, suspended for 18 months, for ABH and criminal damage to the door of the club. He must complete 20 rehabilitation days and 200 hours unpaid work. He was issued with a 120-day alcohol abstinence order and was given an electronically monitored curfew for two months, from 9pm to 7pm. He was also ordered to pay £1,500 compensation to the doorman and £250 to the Labour Club.