A judge branded Liam Gallagher’s son Gene and Ringo Starr’s grandson Sonny Starkey ‘entitled’ after a late-night bust-up in a Tesco store where their model friend was accused of stealing a can of gin and tonic.
Gene Appleton Gallagher, 21, and Sonny Starkey, 20, had charges of assault and affray dropped against them in return for them agreeing to be bound over.
Former IMG model Noah Ponte, 21, was acquitted of an allegation of theft of a gin and tonic can in the Tesco Express in Hampstead, north London on 17 May 2019. A jury of 11 acquitted him of theft following a 31 minute deliberation time.
The trio denied all charges against them. They faced affray and assault by beating charges, while Gallagher and Ponte were accused of racially aggravated assault. Ponte was also charged with theft.
The trio attempted to get all charges thrown out against them in November 2020, but were unsuccessful barring one charge against Gallagher of common assault which was dismissed.
Gallagher and Starkey have now been made the subject of a binder – meaning they have promised to ‘keep the peace and be of good behaviour’ for 12 months or pay £500.
Gene Gallagher leaving Wood Green Crown Court. He had charges of assault and affray dropped against him in return for them agreeing to be bound over
Noah Ponte (left) was acquitted of an allegation of theft of a gin and tonic can in the Tesco Express in Hampstead, north London on 17 May 2019. Sonny Starkey (right) had charges of assault and affray dropped
Wood Green Crown Court heard the trio had been drinking at an 18th birthday party but then went to the Tesco Express store on their way.
Ponte, a UCL architecture student, said he picked up a can of a £1.70 gin and tonic but knew it could not be sold because the store did not sell alcohol after 11pm.
He also said he paid £1.70 for two packets of salt and pepper nuts on the self-service till, then left them there, and attempted to leave the store with the can.
CCTV showed to jurors showed two Tesco workers tried to stop the men from leaving including a moment when Ponte claimed a Tesco worker grabbed him by the arm and pulled him back into the store.
Starkey and Gallagher were then accused to have thrown ‘kicks and punches’ down the aisle at the shop worker trying to stop them from leaving.
Duty manager Hiram Rajput claimed to have heard the phrase, ‘You bloody Indians. Go back to where you came from.’
However, this was denied by Gallagher and Ponte at an earlier hearing, with Ponte’s representative claiming they said ‘bloody idiots’.
Following the accused bad behaviour in the store, Starkey was placed in a headlock by a Tesco shop worker for ‘several minutes’.
The Crown Prosecution Service were forced to accept that Starkey was ‘lawfully defending himself’ and Gallagher was lawfully defending his friend against further assault.
A fourth friend was not charged because he acted as a ‘moderating influence’.
During the trial for the theft of the gin and tonic, prosecutor Alexander Agbamu said the incident involved three phases: the alleged theft by Ponte, the kicks and punches said to have been delivered by Gallagher and Starkey, and the restraint of Starkey by a Tesco worker.
Earlier this week, the Crown said they received two previously unseen pieces of evidence that meant they were unable to proceed to trial for Gallagher and Starkey.
Mr Agbamu said: ‘[A customer who now lives in Peru] described young men throwing groceries around and also saw a member of Tesco staff hitting and grabbing Mr Starkey and appearing to target him.
‘[She] described the actions of the Tesco member of staff and described him as being the aggressor.
Liam and son Gene Gallagher wearing Burberry at the Burberry February 2018 show during London Fashion Week at Dimco Buildings
Ringo Starr at the opening of Liverpool as the European Capital Of Culture at New Echo Arena on January 12, 2008 in Liverpool, England. On the left are grandchildren, Sonny and Louie Starkey
The alleged incident is said to have happened on Heath Street in Hampstead Heath
‘Mr Gallagher and Mr Starkey have a strong case to the effect that Mr Starkey was lawfully defending himself and Mr Gallagher was lawfully defending Mr Starkey against further assault.
‘[The customer] did provide the police with her contact details and in July 2019 and subsequently the police wrote to her at her address but all correspondence came back to the police returned to sender.
‘The Crown understands [the customer] is now in Peru and would have been giving evidence via TV link.
‘That has called the Crown to reassess the case against Mr Gallagher and Mr Starkey.’
The prosecutor said there was another witness, a member of security of staff, who said: ‘I think the whole situation was avoidable. I can see both sides of the argument.
‘[The defendants] were the ones who started the problem. However, I believe that the staff should have been more patient with the males.
‘[The males] were clearly young, and drunk, and [the staff] could have let me deal with the situation.
‘As I said my role is to deal with security issues within the store. [The Tesco staff] did not allow me to handle the situation.
‘[The males] came in and the situation went from a discussion with me to a fight with all the staff.
‘In my opinion, both sides could have handled this situation better. Although there is no dispute in my mind the males were the people that started the problem.’
Mr Agbamu concluded: ‘The Crown wishes to offer no further evidence against Mr Gallagher and Mr Starkey and to ask for a bind over, in recognition of their contribution to this incident as unpleasant and unnecessary.’
The trial continued for the theft and Ponte admitted that the way he attempted to get around licensing laws was ‘daft’.
Ponte, who gave live evidence during his trial, said: ‘I went back to the chiller cabinet to make sure that I was paying the exact value.
‘I just assumed I would be scanned or I needed to be ID’d. I never attempted to scan the drink.
‘Essentially I thought I’d created a way to pay for it.
‘[If I had been told to put it back] I wouldn’t be so bold to not put it back after being told.
‘It was a long or confusing way to pay for it but I didn’t want to steal it.’
Ponte, who was supported by his father during the trial, breathed a sigh of relief when the jury foreman acquitted him.
Judge Joanna Greenberg told Gallagher and Starkey: ‘Your behaviour on this occasion when you entered the Tesco store was in my view completely out of order and no doubt as a result of drinking.
‘It’s hard enough when people running a late-night store encounter entitled young men thinking they can get what they want by misbehaving.
‘The prosecution has taken the view things got out of hand because Tesco staff overreacted.
‘In those circumstances, while the prosecution has offered no evidence on counts two to six, and I enter not guilty pleas, I’m going to bind you over to keep the peace and with a recognizance of £500 pounds.
‘If you fail to comply you are ordered to forfeit that £500.’