Page last updated at 15:28 GMT, Tuesday, 16 June 2009 16:28 UK

Disabled music fan denies attack

Alice Cooper
The fans were both at an Alice Cooper concert last July

A heavy metal fan accused of attacking another man at an Alice Cooper concert has told a court he thought he would be thrown over a balcony and killed.

Disabled Andrew Miller, 46, of Emsworth on the West Sussex/Hampshire border, denies ABH at Southampton Crown Court.

He told the court he took his front row balcony seat at Southampton Guildhall in July and removed his prosthetic leg.

He said his alleged victim, John Lynch, who was on his left, accused him of taking up his space and punched him.

I said 'I am sat here, you are sat there, what's the problem?
Andrew Miller

Mr Miller, who lost part of his right leg in a motorcycle accident, said: "My plastic leg was cutting right into me.

"It was giving me lots and lots of pain so I took it off and put my stump on the balcony and put my other leg up because I suffer from thrombosis clots.

"The gentleman on my left then started pushing me with his elbow. He said 'you are trying to take my seat' and I said 'I am sat here, you are sat there, what's the problem?'"

Fractured hand

Jurors heard the elbowing went on for a couple of minutes before Mr Lynch stood up and punched him in the left eye.

Mr Miller said the other man picked up his crash helmet and used it to hit him over the head.

He said Mr Lynch started punching him in the body, and he retaliated by punching him three or four times.

"I was trying to save my life. I was trying to stop myself from getting punched over a balcony," Mr Miller said.

Jurors heard Mr Lynch had bruising to his shoulder and elbow and cuts and bruises to his head, while Mr Miller suffered a fracture to his right hand.

Mr Miller had earlier been directed to sit in the balcony area because the disabled area was already full, the court was told.

The trial continues.

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