A MAN has been acquitted of punching his wife three times while she lay asleep on their sofa.

Robert John Davies, 46, of Westcroft, Leominster, argued that his wife and mother of five Sarah Davies had fabricated the story in order to receive legal aid to pay for their divorce.

The alleged incident took place in Blanchard Close in the early hours of January 24 at the couple's marital home of 15 years.

Mrs Davies claimed at Hereford Magistrates Court last week that her husband had been drinking at a function on the evening and returned at around 3am before initially punched her on the arm twice waking her.

She attempted to roll over to go back to sleep before Davies then allegedly punched her on the nose causing it to bleed.

"He said 'I'm going to give it to you'," said Mrs Davies giving evidence in court.

"It was just one blow but I knew it was a fist and I screamed 'what have you done'. There was blood everywhere. I wasn't aware my child was also in the living room and my screaming made her cry.

"My children saw me looking like this and now they're petrified of their father."

Mrs Davies alleged the attack caused her two black eyes, suspected broken nose and lots of swelling. She woke up another child who called the police while Davies remained in the bedroom.

Shawn William prosecuting."A next door neighbour was also alerted and came inside the property and saw Mrs Davies covered in blood and took her children next door while the police attended.

"The injury is as result of a vicious assault by her partner."

The pair had commences divorce proceedings but remained living together with Mrs Davies sleeping on the sofa for the past four years

Marilena Divitantonio, defending said to Mrs Davies: "You have have created this situation for your own gain.

"None of your children saw what happened or had to be brought into this.

"You fabricated the whole event from the first instance.

"These children were told that their father assaulted you and you were covered in blood. You had a nose bleed and fabricated this matter to gain financial assistance and to get him out of the home he owns and pays the mortgage."

In response Davies said: "I'm not in this for money and want my children to be happy. I want them to see there father but they are petrified."

Davies denied the allegation and said that he had been at a work colleagues birthday party on January 23 before deciding to walk home and went straight to bed.

He said: "I was a merrily happy drunk and was just tired so wanted to go home.

"At about 12.30am I walked through the kitchen into the living room and went to bed.

"When the police woke me up I didn't know what was going on. I couldn't recall getting in a fight but you doubt yourself in that situation. There was no marks on my hands or blood on my clothing.

"She has tried quite a few things to get me to leave the property and I think this was last a last ditch attempt."

He was challenged by Mr Williams who said: "You came back and went straight upstairs and despite all the chaos happening downstairs with the children shouting and crying you didn't hear any of it?

"Or was the case that you were so drunk you collapsed into bed in some coma."

Magistrates found Davies not guilty stating that there was inconstancies in the evidence against him and that not one person witnessed the alleged assault.