Great Western Coffee Shop

A pensioner confronted by a barrister for repeatedly sneaking into first class and taking wine and pretzels stuffed a £10 note into the solicitor's mouth.

Barrister Dr Peter Ellis became irritated by a 69-year-old passenger who repeatedly came into the first class section of the carriage to help himself to pretzel snacks.

On the fifth occasion Dr Ellis felt compelled to speak to pensioner Leslie Gilmer. A court heard this led Gilmer to return to the carriage and stuff a £10 note into the mouth of the former hospital doctor and personal injury lawyer.
The bizarre events on the rail journey to Exeter one November evening were told to Exeter magistrates court.

Prosecutor Sonia Croft said Gilmer was acting in a 'rather obnoxious manner' as he helped himself to snacks on a food and drinks trolley which were complimentary goods just for first class passengers.
When Dr Ellis challenged Gilmer, the Dublin born defendant retorted:"I'm hungry. I will see you in court."

But the magistrates heard Gilmer then returned to the carriage and forcefully rammed the £10 note into Dr Ellis' mouth.

Retired engineer Gilmer was spoken to by police at Exeter St David's railway station and he admitted throwing the tenner but claimed any physical contact was accidental.

Miss Croft said the court had to decide whether the incident was a 'pure accident or a deliberate or reckless assault'.

Dr Ellis gave evidence and told the JPs that Gilmer was involved in a disturbance with train staff over the state of the toilets when they embarked on the trip saying they were a 'f***ing disgrace' and were not working.
He said Gilmer was also involved 'in a discussion about whether he could have some alcohol and snacks from the first class trolley' – even though he had bought £47.50p tickets for standard or second class.

Dr Ellis said the defendant's demeanour was 'hectoring, boorish and bullying'.

The lawyer said Gilmer threatened rail staff that he 'would have their jobs by tomorrow' over the state of the loos, which Dr Ellis said were clean and in full working order.

Dr Ellis said Gilmer returned to the first class section and helped himself to some red wine from the trolley because the buffet car had run out.

He told the court Gilmer came in on a fourth occasion and put snacks into his pockets and strode back to his seat next to his wife – and Dr Ellis said he raised his eyebrows to a fellow first class passenger but said nothing.
But on the fifth occasion he said Gilmer was unsteady on his feet and using the seats for support on the moving express.

Dr Ellis said:"He was inebriated and swaying."

The lawyer spoke to Gilmer, from Exeter, saying:"Excuse me. Would you mind if you require any more to eat to use the buffet in your section of the train?

"The defendant said 'I am hungry, if you have a f***ing problem with that I will see you in court'. He walked away."

Minutes later as the doctor read through documents for an inquest he was attending the next day, he said his head was pushed back against the head rest pinned with one hand, while some fingers were pushed into his mouth simultaneously.

"I felt an object being pushed into my mouth. I smelt stale alcohol. The defendant's speech was not coherent but he said 'eat this you c***'."

Dr Ellis, head of clinical negligence and personal injury at his London chambers, spat out the object and it was a tightly folded £10 note.

Dr Ellis, a rugby coach and RFU first aider, said he had only originally tackled 'without any verbal or physical hostility' saying:"It was an invitation not a confrontation."

The assistant coroner rejected defence lawyer Rob Jacobs claim that 'Mr Gilmer was simply trying to drop a note in to your hand as a gesture to pay and it was entirely unintentional'

Dr Ellis said:"That is completely impossible. This could not have been in any way accidental. That's risible."

He accepted he was 'irritated' by Gilmer repeatedly coming into the compartment and taking food.

Dr Ellis said:"Any passenger paying a premium does expect an undisturbed journey. I was disturbed on a number of occasions but was not annoyed or upset."

The incident was seen by fellow first class passenger Geoffrey Buck, a travel manager and part time magistrate.

Mr Buck said he thought Gilmer was trying to help himself to some biscuits saying:"He was stroppy and obnoxious."

Mr Buck said he saw Gilmer stride down the carriage and 'stuffed something into Dr Ellis' mouth' which he thought at first was a biscuit wrapper.

Gilmer told the court he had shared a half bottle of red wine with his wife but they were both hungry because the dining car was closed and they had not eaten all day.

He denied using bad language to the rail staff and female rail manager who he branded a Storm Trooper but admitted:"I do use language."
He said:"I wasn't stealing food. I had every intention of paying for them. I was confronted by Ellis who said 'why was I stealing'. He was calling me a thief.
"That's when I confronted him and said how dare you say I am stealing food. He advised me he was a barrister and I said in that case I will see you in court."

With no train staff around to pay, he took the £10 note into the carriage for the snacks and some red wine – but decided to 'chuck' the note at Dr Ellis so he could pass it on to the train steward.

He said Dr Ellis had a 'condescending attitude to me' and said he was not a friendly person who did not like people coming into the first class carriage having paid a premium.
"I never denied there was contact but it was not intentional."

The magistrates convicted him of assault by beating following a trial.

Dr Ellis said fingers and the note being thrust into his mouth 'disgusted me' and 'the body invasion fills me with repulsion."

Retired Gilmer of Glenthorne Road, Exeter, was fined £650 and ordered to pay £840 costs and £250 compensation to Dr Ellis – a total of £1,740.

He left the court saying:"I think the verdict is wrong. I wouldn't give the three magistrates a job in a car wash."

Always refreshing to see someone put their money where their mouth is.

Completely unacceptable behaviour, drunk people seem to be more and more of a problem not just a trains but aircraft as well. A fine of £1,500 is hardly much a punishment, he should have been given community service too. I think its about time some sort of ban was put on people considered too drunk to travel, not just for everyone else but for themselves too.

Completely unacceptable behaviour, drunk people seem to be more and more of a problem not just a trains but aircraft as well. A fine of £1,500 is hardly much a punishment, he should have been given community service too. I think its about time some sort of ban was put on people considered too drunk to travel, not just for everyone else but for themselves too.