THE FORMER doorman accused of murdering a drinker outside Yates's Wine Lodge has told a court of his anguish over the death.

But Paul Maurice Garner, 60, denied that he deliberately head-butted William Smith, 62.

Garner alleged that he was amazed by the aggressive behaviour of Mr Smith outside the pub's riverside entrance late on Good Friday.

He claimed that Mr Smith grabbed him by the shirt and said: "Don't be pushing my mate" and that as the doorman put his own head back to protect it and tried to push the drinker away by the waist, their heads collided.

"I can quite honestly say I did not deliberately head-butt Bill Smith," Garner told the jury.

"What did you feel as a consequence?" asked his barrister Rodney Jameson QC.

"I felt great remorse. I have lost people in my time that were close to me. I can relate to what Edith Fisher (Mr Smith's partner) must be going through."

He added: "At the end of the day, it was a tragic accident."

The jury have heard that retired racecourse worker Mr Smith, of Cemetery Road, York, fell to the ground and died four days later without regaining consciousness.

Garner, of Chaloners Road, Dringhouses, denies alternative charges of murder and manslaughter.

Giving evidence in his own defence, Garner alleged that he had worked at Yates's for four or five years before retiring because he had reached 60.

He claimed Mr Smith was normally a quiet customer, but that he had been refused entry on April 18 because he had had too much to drink.

The ex-doorman alleged he went outside to help his colleagues because he saw Mr Smith make a run for the door.

He "eased" Mr Smith away from the door and had verbal exchanges with him and Mr Smith's friend, Victor Hodge.

Garner alleged that at one point he told Mr Hodge's son, David, to get the other two men away because they were "too old" to get involved in fighting and Victor Hodge struck a boxer stance, saying "Now prove it".

At another point, the father fell as Garner was easing him away from the door and as the doorman nearly lost his balance, he felt Mr Smith grab him by the shirt.

Garner alleged that he felt no pain and had no injury on his head after the collision. He denied walking into the pub afterwards, saying he was pushed and that the head doorman, Philip Kendall, told him to stay inside.

The trial continues.

Updated: 10:47 Tuesday, November 18, 2003