A thug who attacked a former work colleague with a rounders bat at a car wash, breaking his elbow, has avoided jail.

Jake Kirby got into an argument with victim Anthony Farey, who was working at Baxenden Autowash, after Mr Farey refused to lend him £50.

Burnley Crown Court heard that Kirby, 21, walked out of the car wash office to his car on March 2 this year and picked up the rounders bat before striking Mr Farey ‘repeatedly’ and breaking his elbow.

Kirby pleaded guilty to inflicting grievous bodily harm and was given a 12-month jail sentence, suspended for two years, with a community order.

Peter Barr, prosecuting, told the court that Mr Farey was working at the business on Manchester Road when he was approached by Kirby, who had previously been employed there.

The court heard that Kirby asked Mr Farey to ‘sort me some money out for Friday’ and agreed a £50 sum, however Mr Farey then realised he would not be able to pay.

Mr Barr said Kirby then said ‘well tough, I need the money by Friday and if you don’t pay it I will send some people around’.

The court heard that Mr Farey told Kirby he was being ‘stupid’ and was ‘good for the money’ and would get it the following Friday.

Mr Barr said: “What happens then is the defendant returns to the scene and at that stage he is carrying a rounders bat.

“The dispute is obviously escalated by the introduction of a weapon and there is then an attack upon the complainant by the defendant using the weapon. Either it is a direct strike to the arm that causes a broken elbow or maybe he raises his hand in a defensive action.

“Either way the defendant strikes him repeatedly, he falls to the ground and the upshot of that is a fracture to Mr Farley’s arm.”

Baxenden Autowash on Manchester Road in Baxenden

When interviewed by police, Kirby, of Burnley Road, Loveclough, admitted ‘losing his temper’ and said he had the rounders bat in the car because he had been playing with his son a few days earlier.

Mark Stuart, defending, said the incident was ‘very short-lived’ but he ‘undoubtedly lost his temper and wholly inappropriately goes back to his vehicle where the rounders bat was’.

He said it was ‘not premeditated’ and that Kirby only came across Mr Farey after going to the car wash to drop off his uniform as he had got a different job.

The sentencing judge said it was a ‘disturbing event’ and that Jake Kirby had ‘little choice’ but to plead guilty after the incident against Anthony Farey was caught on CCTV.

Recorder Abid Mahmood told Burnley Crown Court: “You caused quite a serious injury to one of your former colleagues while he was working at the car wash.

“You used a rounders or baseball bat and you hit your former colleague twice and caused injury leading to the fracture to his elbow.

“There’s no doubt in my mind and I would almost certainly impose an immediate sentence of imprisonment if it were not for various factors and I have taken into account your age. You have a choice. You could be languishing in prison after the offence, reflecting on what you have done and never do it again as you don’t want to go to prison.

“Or you have the opportunity to spend that time in employment and with your girlfriend.

“I accept you want to stay on the straight and narrow.

“I’m taking a real chance with you.

“I note the regret and remorse you have expressed.”