A son cleared of the common assault of his elderly mother said he had ‘never heard of such idiocy’ after the prosecution asked the judge to impose a restraining order banning him from going to her home.

Patrick Lemonius, 53, was found guilty by Oxford magistrates in February of the common assault of his mum on December 31 last year.

He was said to have turned up at her home in Balfour Road, Blackbird Leys, a few weeks before Christmas then drunk his way through alcohol she had bought for relatives. She called the police on New Years’ Eve and asked officers to get him out, complaining that he was ‘tormenting’ her.

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Lemonius was moved on by the police but returned to the property later that evening and barged past his mother, who opened the door thinking the officers had returned.

The London man, who spent seven weeks in custody at the start of 2022 awaiting his magistrates’ court trial, appealed his conviction for common assault to the crown court.

And on Friday he was formally acquitted of the charge, with Recorder John Ryder QC and the two magistrates finding that the prosecutor had not proved their case.

Recorder Ryder said: “The charge is one of common assault. It is fundamental to the charge of common assault that the complainant apprehends immediate unlawful personal violence. Mrs Lemonius gave no evidence of any such apprehension.”

He added: “She was asked questions as to what it was she thought at the critical moment he pushed past her. She said, and I summarise, that she was concerned about what he would do in the house; that he might, when asked for specifics about that, she thought he might take alcohol.”

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Prosecutor Alice Aubrey-Fletcher asked for a restraining order to be imposed despite the not guilty verdict.

Lemonius reacted badly to the application, telling the court: “I’ve just been acquitted [of common assault]. It’s total rubbish.” He added: I’ve never heard such rubbish and idiocy in all my life.”

Recorder Ryder told the defendant: “There plainly is evidence that whatever your intentions when you are at your mother’s house, she finds it very upsetting and disturbing.”

The applicant accused his mother of ‘trying to steal his money’, claiming he had been left a sum by is step-father but had been unable to access papers stored at his mother’s home.

“You are able to have the matter of the money you think your father left you investigated by solicitors in the proper way,” the judge said.

Lemonius asked: “What about compensation for the wrongful conviction? I think I was wrongfully imprisoned. I was remanded. Do I get compensation?”

Recorder Ryder said: “I would suggest you take the advice of solicitors.”

The post-acquittal restraining order was imposed. 

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This story was written by Tom Seaward. He joined the team in 2021 as Oxfordshire's court and crime reporter.  

To get in touch with him email: Tom.Seaward@newsquest.co.uk

Follow him on Twitter: @t_seaward