A MUTLEY man who defended his home with a hammer has been acquitted of affray and will not now face a charge of possessing an offensive weapon.

Michael Brooks, aged 32 and of Central Park Avenue, denied both charges against him when he appeared at Plymouth Crown Court yesterday.

Ali Rafati, defending, told the court that a man had been staying with Brooks and his female partner but on February 16 there had been an argument during which Brooks' partner had been punched.

When Brooks told the man to leave, he went outside and began attacking the outside of the house with a large rock.

Brooks ran outside, brandishing a hammer, and then punched the man.

The man was later arrested and cautioned for an offence of disorder.

Judge Paul Darlow asked Jason Beal, prosecuting, if he was really planning to take the case to a trial costing many thousands of pounds.

Mr Beal said the Crown claimed Brooks had been swinging the hammer at the other man.

However, Judge Darlow said it seemed unjust that Brooks, who was defending his home and partner, should be more severely punished than the man who started the trouble.

The charge of affray was put again to Brooks, who pleaded not guilty, but admitted a Section 4 public order offence.

This plea was accepted and Brooks will be sentenced on Friday, July 23.

The offensive weapon charge is to be allowed to lie on file.

Brooks was granted unconditional bail.