Mansfield man was one of ‘three lawless thugs’ who attacked suspected burglar

Gavin Mullaney told the man to get away from a door on Hornbeam Close, Edwalton, but denied kicking him during the altercation on September 22 last year.

Doorbell camera footage showed Tomasz Cieslak, who carried a hammer, kicking and stamping on their victim's torso as he lay on the ground, groaning in pain.

Jason McMullan asked him: "How can you walk into my house and smash my window and steal my things? Jesus Christ, it's unacceptable."

Their victim was surrounded by all three defendants and complained he couldn't breathe. McMullan kicked him twice.

He was left with a swollen eye and dried blood on his neck. He was later arrested on suspicion of aggravated burglary but has since died.

Nottingham Crown Court heard Mullaney, aged 31, of Lime Tree Place, Mansfield, has seven previous convictions including threatening behaviour.

Cieslak, 37, has previous convictions for burglary and robbery in Poland and will be extradited to complete a prison sentence. McMullan, 51, has previous convictions for actual bodily harm, battery and assaulting a police constable.

Lucky Thandi said Mullaney deserved full credit for his plea after spending seven weeks in custody.

"He shouldn't have got involved,” she said. “They should have called the police.”

Mullaney, a dad-of-two, has been sanctioned for missing a benefits appointment, she added, but has the opportunity of working down south.

Simon Eckersley said McMullan "readily admitted what he did was disgraceful” but he “initially acted as a peacemaker”. McMullan lost £700 of work because of the stolen tools and his reputation suffered, he added.

McMullan and Cieslak are both of Hornbeam Close, Edwalton. All three admitted affray in December last year.

On Wednesday, Recorder Stuart Sprawson said: "They are lawless thugs who had every opportunity to call the police but they didn't have the patience or intelligence to do that and they took the law into their own hands."

He said they were all collectively responsible but jailed Cieslak for nine months. Mullaney and McMullan were fined £350 with £150 costs and a surcharge.