A RELIGIOUS follower refused to see his probation officer because the worker was going through a sex change.

Magistrates were told that Nigel Coleman's reason for not turning up for the interview was because sex change was against his religious beliefs.

The defendant refused to complete a pre-sentencing interview because he did not want to reveal his personal life to the probation officer he had been assigned.

Coleman was due to be sentenced for assault but his solicitor told the bench that his religious views prevented him from opening up to someone he regarded as a worse criminal than himself.

Coleman was a devout member of the Church of Jesus Christ of the Latter Day Saints at Stratton, which regarded sex changes as sinful, explained his lawyer, Martin Wiggins.

As a result, it was impossible for him to go through an interview that required him to open his heart and discuss deeply personal issues with someone who was presented as a woman but was, in his view, clearly a man.

Coleman, 47, had previously admitted punching a fellow resident of Davis House after getting over-excited while they watched a Lethal Weapon film.

His victim, Thomas Clarke lost five teeth as a result of the attack.

Mr Wiggins asked magistrates to adjourn the hearing to give his client a chance of honouring another interview.

Otherwise it would mean denying him the opportunity of a pre-sentence report because of his religious beliefs.

The magistrates heard that Wiltshire Probation Service regarded the defendant's attitude as discriminatory and that it had been the defendant's second chance at having a report done.

After they decided to carry on with sentencing, Mr Wiggins told them Coleman, now of Victoria Road, suffered from epilepsy, learning difficulties and emotional problems.

He argued that his client had mental health issues, which made him unsuitable for a punishment order, and had no previous convictions, which ruled out a rehabilitation order, while custody would be harsh for a first offence.

Coleman believed that an aggressive comment had been made towards him before the attack.

But he accepted that he had lost his temper. He had not intended to hurt Mr Clarke, but was reckless.

The bench jailed Coleman for two months.

Mr Wiggins launched an appeal and made an application for bail, which was refused.

Churchs view

The Bishop of the Church of Jesus Christ of the Latter Day Saints in Swindon, Patrick Williams, said sex changes were not in harmony with the teachings of the church, but the law should always be upheld.

He said: We take the view that we should not change the gender that God has given us, but we do not judge those outside our church who are free to choose.

We would never stand in the way of the law.

The Church of Jesus Christ of the Latter Day Saints is more commonly known as Mormons.

It believes the Bible and the Book of Mormon to be the word of God.

The beliefs state: We believe in being subject to kings, presidents, rulers, and magistrates, in obeying, honouring, and sustaining the law.

Probation services view

After the hearing Diana Fulbrook, Wiltshire Probation Area chief officer said the service operated under the regulation of the Gender Recognition Act brought in this year, which bans discrimination against transsexuals.

While we would always seek to take the views of offenders into account, as a responsible public service, Wiltshire Probation Area cannot condone discriminatory behaviour and attitudes by either offenders or members of staff.

On this occasion we formally offered a further opportunity for the offender to be re-interviewed for the purposes of the preparation of a report if the court decided that this was appropriate.

The response of the court was to sentence Mr Coleman to imprisonment without adjourning for a further report.

Tina Clarke