Originally Posted by kryogen
Can't believe there is any argument here, if it went to court the evidence shows Haye striking first, thats it, end of story, you are allowed to go toward someone. The video doesn't show Chisora threatening Haye when face to face, the video can not be used to exonerate David. The previous incidents with the Klitschko's would have no bearing on it.
They are both muppets, but to suggest anything other then Haye being (from a legal standpoint) the one who initiated the conflict is foolish.
The law is clear on this. You can confront someone verbally, no issue, once you raise your hands you are getting into assault territory, to do it with a bottle in your hand, is even more ridiculous as you run the risk of battery added to it or worse.
Chisora legally did nothing to warrant getting punched. It was an attack from Haye, for him to prove he felt like he was in danger would be difficult from the video evidence. It is inconclusive at best. Chisora does not hit him. He does not make a motion to hit him, he goes down with the mic in his hand, this is not the actions of a guy going to hit someone, it is the actions of someone who wants to get some publicity.
He is well in his rights to stand in front of Haye and speak to him, Haye is not well within his rights to hit him, unless he can prove that his life/person was in immediate danger.
Assault is defined by (in UK) "an assault is committed where the defendant intentionally or recklessly causes the victim to apprehend immediate unlawful personal violence."
Chisora putting his fist to his neck is more than enough to assume immediate violence. I don't believe that it's an indicative of violence but in court it could definitely be used as a solid defence.
Self defence: "The use of reasonable force to protect oneself or members of the family from bodily harm from the attack of an aggressor, if the defender has reason to believe he/she/they is/are in danger. "
Considering all the elements of the weekend, Chisora's character, antics with Wlad, history, being threatened, Chisora taking off his jacket to "talk to him", bringing his trainer along with him.... all of which would be mentioned in court, it would not be difficult to paint a picture where Haye was in fear of danger.
Haye would get done for battery more so than assault if he did get done for something. I doubt he would though.
I don't see how anyone could think this cut and dry, because it's not.