A BUSINESSMAN has called for a change in the law after he was prosecuted for arming himself with an extendable baton.

Magistrates heard that Andrew John Clark had confronted three young men with a baton in North Street, York, during the May race meeting.

His defence solicitor, Chris McGrogan, said how the three men blocked Andrew John Clark's way as he drove home from work at about 7.40pm.

He said the trio jumped on his car, smashed its headlights and caused other damage, as well as dragging him out of the car in an entirely unprovoked attack.

Clark pulled the baton out of his vehicle and waved it at them to frighten them off, and was later arrested.

He said he had never intended to hit them with it, and had himself shown the weapon to police.

Mr McGrogan said Clark's wife, Carole, had been attacked in York and he was concerned for his own safety.

Clark, 53, of Tanner Row, York, who runs a blinds and laminate floors business, pleaded guilty to carrying an offensive weapon in public, and was conditionally discharged for six months.

Magistrates also ordered that the baton should be destroyed.

Outside court, Clark spoke about the decision to prosecute him, saying: "I think it was disgusting.

"I think everyone and anyone should be allowed to defend themselves in whatever way is necessary, whether they are attacked in the street, in the road or in their house."

But he said that he would not buy another baton.

He said he had got the first one after hearing about other people being attacked in the city centre, and carried one for 18 months - first in his briefcase, and later, because it made the case heavy, in his car.

He said the attack had written off his Volvo T51 worth £1,400, and its replacement had cost him £2,000.

He also faced a £300 increase on his insurance unless the insurance company could recoup its money.

Since the attackers were well-dressed, he believed they were racegoers who had spent the day drinking on York Knavesmire.

This year's May meeting was between May 11 and 13.

Steven Ovenden, prosecuting, said Clark was arrested on Thursday, May 12, because he showed police the baton when they questioned him in Wellington Row about the incident in North Street.

The court heard Clark told police he carried it "for my own protection - it's dangerous in York on a night-time".

A North Yorkshire force spokesman said a member of the public had called police after the incident, and confirmed that a 22-year-old man had been arrested for criminal damage and was currently on police bail.

Updated: 09:41 Saturday, June 04, 2005