AN auction house customer has been cleared of attacking two of its employees during an argument over whether a diamond ring was a fake.
Online antique dealer Lee Clarke went to the offices of Rendells in Ashburton, to return a ring which he had bought for £708 pounds but which he later suspected was made of cubic zirconia rather than real diamond.
He was alleged to have pushed over saleroom manager David Marochan during the ensuing argument, causing him to fall into secretary Kath Pugh, who suffered a broken wrist.
Mr Clarke was cleared after telling a jury at Exeter Crown Court that he had never touched Mr Marochan, who he described as being aggressive and rude.
He said Mr Marochan had tripped over a step at the entrance to the counter after advancing towards him and then changing his mind and stepping backwards.
Mr Clarke also denied threatening to kill Mr Marochan or to stab his in the ear with a pair of scissors during the confrontation on October 7, 2021.
He told police the auctioneers had invented the assault to discredit him because he had accused them of fraud.
He bought the heart-shaped ring at Rendells Fine Art, Antiques and Collectables sale on September 24, 2021, and picked it up on October 1. He then used a diamond tester and said it detected the stone was a fake.
Mr Clarke rang the auctioneers on October 6 and was told to bring in the ring the next day, but when he did so an argument broke out when he was refused a refund.
Mr Marochan told him the ring had been tested before sale and could not be refunded because it had been removed from the premises. Mr Clarke thought he was being accused of switching the ring and became angry.
Mr Marochan and Ms Pugh both said that he pushed Mr Marochan, causing the fall, but Mr Clarke said there was no contact.
Clarke, aged 45, of St Marks Road, Torquay, was acquitted of causing actual bodily harm to Ms Pugh and assault by battery against Mr Marochan.
Judge David Evans told the jury in his summing up that if they were not sure he had pushed Mr Marochan, they should find him not guilty of both charges.
During both his police interview and his evidence in court, Mr Clarke said Mr Marochan had been unhelpful, unprofessional and aggressive towards him, telling him to ‘just f***ing get out’ at one stage.
He said there was no physical contact of any sort between them and that Mr Marochan fell backwards after tripping on a step at the entrance to the counter.
He said: ‘I never touched him.’
Mr Clarke said he instigated civil proceedings against Rendells but withdrew them after a court lost his bundle of papers and he found the case was aggravating an anxiety condition for which he was already taking medication.
The jury asked whether it had been established whether the ring was diamond or zirconia but did not get a definitive answer.
Rendells said they tested it before sale and believed it to be a diamond while Mr Clarke said he tested it after purchase and his device had identified it as cubic zirconia.