Woman fined after man's death
Methadone user Elaine Edwards, attacked Kevin Rowsell in Paignton's Victoria Park by the play area while shocked teenagers and a family looked on.
But a defence solicitor yesterday told Torbay Magistrates 49-year-old Mr Rowsell faced death within hours anyway that day after he drank a cocktail of methadone and alcohol.
Mitigating, Laird Garrard told the court: "In a way, he was a dead man when she met him.
"If she had found him an hour later, it wouldn't have happened. It would just have been a case of another drunk found dead."
Magistrates sitting in Torquay were told she yelled abuse and continued to kick him 'four or five times in the chest' while lying on the floor, then 'three or four times' in a second attack before police arrived.
Police Community Support Officers were first on the scene and found Mr Rowsell unconscious, the court heard.
When paramedics arrived, he was pronounced dead.
The court was told that a witness saw Edwards, 44, push Mr Rowsell in the chest, fall on rocks and hit his head.
However no bruises or trauma to the head were found, and his death was due to the consumption of methadone and alcohol, Mr Garrard revealed.
The court was told the attack occurred after Mr Rowsell, who was in drink at the time, stole Edwards's bag and consumed her prescription of methadone.
The prosecution outlined that on May 9, Edwards had been drinking Frosty Jack cider with Mr Rowsell and one other in a graveyard.
Soon after they left and went their separate ways, and Edwards realised her handbag had disappeared.
Certain it was Mr Rowsell, she eventually caught up with him at Victoria Park and demanded it back.
The court was told after repeatedly swearing, punching him to the floor and kicking him, she recovered a blue bag and two diaries belonging to her.
Witnesses reported her going to a phone box before 'engaging' with some nearby teenagers.
Mr Rowsell got back to his feet before being pushed in the chest by Edwards and falling on a rock and hitting his head, it was claimed.
It was then that Edwards kicked him three or four times again, witnesses reported.
Mitigating Mr Garrard told the court that Edwards had faced 'extreme provocation' and his client's version of events had not changed from arrest in May to her appearance in court.
He said: "It was after Mr Rowsell had gone that she realised he had stolen her bag.
"She put two and two together and came up with four, she knew it was him.
"She was very angry, she knew that he had just pinched her bag.
"When I first saw her at the police station she knew that he had died of methadone poisoning.
"She said 'He drunk my methadone and he doesn't normally have it'.
"There was no head injury whatsoever. It was methadone and alcohol that caused the death.
"When she got the methadone pot back it was empty."
Edwards, of Norman Road in Paignton, pleaded guilty to causing harassment, alarm or distress to Mr Rowsell and was fined £100, reduced from £150 because of an early guilty plea.
Magistrates were advised that the death should not have any bearing on the charge of causing alarm, harassment or distress.
Chairman of the bench Angela Stanley said: "We note that you did use some degree of violence and used swear words in full view of members of the public.
"We have also taken into consideration that you were provoked in that your bag was taken and that you did report this to the police."
Magistrates also imposed a mandatory £15 'victim' surcharge, despite the victim being dead, along with £60 costs.
Speaking after the case, Bay police commander Supt Chris Singer: "This was a tragic occurrence.
"It's clear there was disorder and this finding in court is a good indication as to who was responsible for it.
"Our thoughts go out to the family of Mr Rowsell.
"A significant amount of police resources were used in this case and people can be assured we will investigate any similar reports.
"It is for the coroner to determine the circumstances surrounding the death.
"As such we have referred the matter to them."
An inquest into Mr Rowsell's death was opened and adjourned earlier this summer.
An initial post-mortem examination to establish the cause of death was inconclusive.
