A MAN who bit off a chunk of a pal's ear in a drunken bar room brawl has been spared a jail term.

Thomas Still, 21, was chatting with the other man in The Casbah club when violence flared in the early hours and he sank his teeth into his lug hole.

But after hearing that Still had bitten Jamie Withers after the victim started the scrap by smashing his plastic glass into Still's head, a judge spared him jail.

Claire Marlow, prosecuting, told Swindon Crown Court the whole incident was captured on the bar's CCTV.

She said the pair, with a third man, were standing together chatting in the John Street bar at about 2am on Saturday, November 29.

The footage then shows Mr Withers launching a violent attack on the defendant, she said, with the two men then grappling.

As they fought Still sank his teeth into his attacker's right ear and bit off the top section of it.

Miss Marlow said that when Mr Withers spoke to the police he told them he was subject to an 'unprovoked attack', but the CCTV clearly showed that was not the case.

Mr Withers was grilling Still about the recent breakdown of a previous relationship, she said, which was a raw subject for him.

"This defendant, in interview, had said he didn't want to discuss the topic. He was then assaulted," she said.

"In response, he said, in self defence, he bit the ear of the complainant Mr Withers. In doing so he ripped part of the ear from Mr Withers."

Miss Marlow said that although there was a victim impact statement it should be taken with a pinch of salt bearing mind what he had said about his part in the fight.

Still, of Ashford Road, Old Town, pleaded guilty to causing grievous bodily harm.

Rob Ross, defending, said his client was drinking too much as he was having issues at the time having split from his partner and finding a child was not his.

Speaking of the offences he said: "For once it is all captured on video. It is apparent Thomas Still is doing nothing at all other than standing in a small group talking.

"It would appear he managed to not react to the verbal provocation that was given to him by Mr Withers. Possibly because of that, Mr Withers attacked him.

"He hit him with a fairly heavy plastic glass which caused the wound to the back of Thomas Still's head, and he hit him twice before he took any retaliatory action.

"What Thomas Still did was grab him by the shoulders and bit his ear. I think it would be fair to say if he bit him and let go fairly quickly the police would have seen it as self defence. He would have been seen solely as victim not perpetrator.

"He didn't, he held on to the ear for five or six second when grappling about and the ear came off when they were pulled apart. It is difficult to get a clearer case of provocation."

Passing sentence Recorder Michael Vere-Hodge said: "If the facts had been slightly different you would be going straight to prison. I make that plain.

"I have to say that this your last opportunity to stay out of prison. Prison is a terrible place and I am sure you would wish not to go there.

"I have seen the CCTV. I sentence you on the basis you did not start the violence, that you were hit first with the glass by Mr Withers.

"On this occasion I should approach sentence that you were provoked to a significant degree and this would not have happened were you not provoked."

He imposed a nine-month jail term suspended for two years with supervision so he can attend an anger management course.