Guilty: Lyons |
A property tycoon has been convicted of repeatedly striking a wealthy rival in a Mayfair nightclub, despite claiming it was self-defence after being called a: Lying shyster jew.”
Simon Lyons, 38, the joint chief executive of Enstar Capital was fined £3,000, with £5,956 costs, plus a £170 victim surcharge and made subject to a 12-month restraining order.
He was found guilty of assaulting Giles Cyril Patrick Mackay, 56, just after midnight at Dover Street’s MNKY HSE on October 7, last year.
Mr. Mackay, who founded property analytics company Hometrack, reportedly sold to Zoopla for £120m last year and is also a House of Commons advisor says he was attacked after greeting Lyons’ girlfriend Andrea.
Afterwards his spokesman said: “Mr. Mackay is pleased with today’s verdict. He was subjected to an unprovoked attack in full view of other clientele at the venue.
“He is pleased the judge said that he was sure Mr. Mackay made no antisemitic comments to Mr. Lyons and was not physically aggressive.
“To be clear, Mr. Mackay is not antisemitic and would never use a phrase like this. He is repulsed by the claim that he did.”
Mackay told the City of London Magistrates’ Court trial there was no hint of trouble when he exchanged greetings with Andrea.
“We kissed each other on both cheeks and the next thing I know I’m hit by Simon. I was not expecting to have Simon leaping around the table and smacking me in the face.”
Lyons, of New Cavendish Street denied the offence, claiming he was acting in self-defence and was in fear of his life.
He was behind the development of 54 Brooks Mews, Mayfair, London’s most expensive-ever commercial per-square foot re-fit when completed for £4m three years ago.
The pair had exchanged angry emails after becoming embroiled in family proceedings at the High Court, involving Lyons and his ex.
Struck: Mackay |
“I am not satisfied so that I am sure that religiously inflammatory language was used by Mr. Mackay,” announced District Judge Davinder Sandhu.
“I am satisfied Mr. Lyons thought Mr. Mackay used religiously-charged derogatory language towards him that resulted in a loss of self-control and strike out with an open palm towards him.
“It’s clear these are two men, who sadly dislike each other profoundly.
“I don’t find self-defence arises in his case. There was no question of self-defence. Mr. Mackay did nothing on the CCTV that could be physically threatening or aggressive.”
Mr. Mackay told the court: “I was distressed that someone I thought was normal, affable and friendly was something else. I was not the behaviour of a normal individual”
He went to the police, who issued the order, and he admits replying to Lyons in emails: “You’re f***ing crazy.” “Shut the f*** up.” “You are a bully a coward.” “You made vile, venomous, unwarranted attacks on me.” “Piss off, you’re mad.”
He was drinking his second vodka and standing in a dance area at the Latin American restaurant when struck and told police afterwards: “He punched me in the face and continued to violently attack me until he was pulled away by the security guards and ejected.”
Mr. Mackay told the trial: “He first hit me across the table and then he came around the table. I think he did run around the table.
“I had a notice that he should not harass me or come anywhere near me if we were in the same place.
“All of a sudden I saw him leap up from where he was. He pushed past his girlfriend Andrea, pushed her over the table.
“The next thing I know I was being hit in the face. Everything that was on the table got knocked off.
“He came around to my side of the table and was very aggressive by this point.
“I was hit at least three times by Simon. I remember putting my leg up to try and defend myself.”
Mr. Mackay told the court he was the victim of “one-way harassment” by Lyons and did not know he was there that night until attacked.
However, Lyons claims Mr. Mackay instigated the conflict and told Andrea: “Get Simon out of my face,” before approaching and making the insulting anti-semitic remark.
“At no time did I say that,” insisted Mr. Mackay. “I’m not interested in getting into a conflict, I’m fifty-eight, I’m a serious businessman.
“I was not looking to get into a fight. I was attempting to defend myself.”
Lyons’ legal team dug up a High Court judge’s remark from a 2012 civil cases in which he said Mr. Mackay was “careless with the truth.”
The restaurant’s CCTV of the incident was circulated by Mr. Mackay. “I knew he was sending it around to everybody, it was a campaign to discredit me,” Lyons told the court.
He claimed it seemed Mr. Mackay was planning something that night. “He was texting people. I was scared for my life. To be honest I don’t know what Mr. Mackay was capable of.
“He came charging into the place. I was scared, I wasn’t expecting to see him.
“I’ve never seen anyone’s eyes like that before. I’ve never been so frightened in my life.
“I thought he was going to come at me. I was not being paranoid, I thought I was going to be attacked.”
Regarding the alleged anti-semitic insult Lyons added: “It was the venom, the way he said it. I thought he was going to go for me and I used what I thought was a necessary method to restrain him.”
After landing the initial blow the CCTV captures Mr. Mackay raising his left leg while seated to ward off Lyons, who then starts leaning over him pointing.
“I’m telling him: ‘Lave me alone. Please leave me alone.’ I was scared, I was terrified of what he would do.
“He was being very menacing up to that. He said he was going to have my child taken away from me.”
When quizzed by police Lyons suggested the insulting remark may have been prompted by Mackay’s opinion of financial disclosures he (Lyons) had to make in the Family Court.
“I possibly stupidly slapped Mr. Mackay and he kicked me and I slapped him again and he hit me,” he told the officers.
“I do regret slapping Mr. Mackay. I don’t go around hitting people and his kick was a lot harder than the slap.
“His eyes were mad. He looked crazed, like he’d taken drugs.”
Six-feet plus Lyons, who works out daily added: “If I hit him he ‘aint getting up after that.
“I firmly believe Mr. Mackay will be seen as a racist. It was total provocation.”
In his victim impact statement to the police Mr. Mackay said: “I had a sore jaw for a couple of days from the assault,” adding he had endured weeks of “obscene, crude and threatening” emails from Lyons shortly before.