Man shamed by outrage near war memorial

Ian Marshall was said to have acted in a "moment of madness" after stopping behind the Leeds memorial following a night out drinking with colleagues.

Leeds Magistrates' Court heard yesterday Marshall did not deliberately desecrate the Otley Road memorial in Leeds in November last year and his urine did not make contact with any of the plaques or wreaths.

The 49-year-old was celebrating 25 years service with an air conditioning company and had attended an award presentation during the evening.

He was witnessed by the door staff of a local pub in Headingley who told police.

Sentencing him, District Judge Christopher Darnton told him: "Put simply, this was a moment of madness on your part. I have no doubt if you could put the clock back, you would do so.

"It is a shame you didn't find your way into the public house and proper toilet facilities.

"If ever there was a case of someone being shamed, then this must be that case."

The judge said he accepted Marshall, of Gill Lane, Yeadon, Leeds, was a man of previous good character and his good name had now been tarnished.

He also acknowledged the publicity surrounding the case had affected Marshall's family and relationships with colleagues.

But he said the case was "serious" and a community punishment was suitable, adding: "You should have known better."

James Bourne-Arton, defending, said his client lived with his partner and two children, aged 13 and 14, and was a man of "impeccable character".

He said the 14-year-old was an Army cadet and Marshall had not intended to show "disrespect to those who fought or are fighting for this country".

Marshall admitted outraging public decency by urinating in public. He denied urinating on the memorial or making insulting comments to a church verger who had claimed he witnessed the event.

The witness was due to give evidence yesterday during a hearing to determine the facts, but the prosecution told the court the witness was no longer available and the hearing was not held. Instead, Marshall was sentenced on the basis of his original plea.

The case is the latest prosecution brought over drink-fuelled revellers urinating against or near war memorials.

Last year, student Philip Laing, was photographed during a mass student bar crawl urinating over wreaths of poppies laid out on a memorial in Sheffield city centre.

The 19-year-old was spared a jail sentence but Laing, from Macclesfield, Cheshire, was ordered to do 250 hours of community service after he admitted outraging public decency.

Tim Hughes, mitigating, told the court of his client's utter remorse and said: "Philip Laing has paid an extremely high price for one evening of complete and utter foolishness."

The solicitor referred to the outpouring of "approbation and revulsion" on social networking sites on the internet and said: "He's got caught up in a drinking culture that's all too prevalent."

The former sports technology student at Sheffield Hallam University later decided to leave the university.

The incident was captured by a freelance photographer working for a national newspaper and the pictures caused widespread revulsion.

In January, two teenagers were given 11-month referral orders, including reparation work after they admitted urinating on a war memorial in Cleckheaton's Memorial Park after they skipped college to get drunk.

The pair, aged 16 and 17, were spotted acting in a "disorderly manner" by a park warden.