A PROLIFIC York criminal attacked his former solicitor when they found themselves in a police custody suite together.

Ethan Wharton, 34, hit lawyer Craig Robertson from behind unexpectedly when both were at Fulford Road Police Station, said Alison Whitley, prosecuting at Harrogate Magistrates Court.

But magistrates rejected a request for a restraining order that would have forced Wharton to stay away from Mr Robertson - saying he had a “season ticket” to York Magistrates Court.

Wharton had previously been represented by Mr Robertson and accused him of telling Wharton’s wife he was taking drugs.

Mr Robertson denied the allegation and police took Wharton into a consultation room.

Wharton was not represented by Mr Robertson at the time and has a long list of previous convictions.

Mrs Whitley asked for a restraining order banning Wharton from going near Mr Robertson or contacting him in any way. She said: “There is some history to this. Ethan Wharton harbours ill feeling towards Mr Robertson.

The Crown feel it is a necessary measure in the circumstances.”

She also asked for compensation for Mr Robertson.

Criminal defence solicitor Colin Byrne, for Wharton, opposed the restraining order on the grounds Wharton had only assaulted Mr Robertson on a single occasion when he had hit him once and that a restraining order would not normally be made in such circumstances.

Harrogate magistrates decided not to make the order. They told Wharton: “Having heard that you are a man with a season ticket to the court at York, the chances are you may come into the presence of Mr Robertson again and if there was a restraining order that would put everyone in difficulty.”

They gave him a 12-month conditional discharge and ordered him to pay £85 costs and a £15 statutory surcharge.

Wharton, of Ayton House, Cole Street, The Groves, admitted assaulting Mr Robertson on September 9.