A neighbour of Stephen Tompkinson told a court that he was the aggressor in an early morning confrontation with two apparently drunken men, just outside the actor’s home.

She said she saw Mr Tompkinson slap and then punch one of the men, who he appeared to be trying to usher away from his home, at about 5.30am, on Monday May 30, 2021.

The witness, who lives 30-metres down the street from Mr Tompkinson’s Whitley Bay home, was giving evidence on the second day of the trial of the 57-year-old Stockton-born actor.

He denies a charge of inflicting grievous bodily harm on the man he is alleged to have punched, who the court heard suffered traumatic brain injuries in his fall to the ground.

Read more: Stephen Tompkinson case: Man left unconscious outside Whitley Bay home

The witness told the jury at Newcastle Crown Court that she was awoken by the “hysterical laughing” of two men, at about 5.30am, that morning, the Sunday of the late May Bank Holiday weekend.

On looking out of her bedroom window she said she saw the men were sitting against a tree looking “wobbly”, and swaying around, appearing “very drunk”.

The witness told the court that one of the men, who was only wearing a pair of boxer shorts and a towel, appeared the most inebriated of the pair.

She told the court: “I took the opinion they were just drunk and not doing any harm, so I went back to bed.”

But, minutes later, she said she heard voices, one of which had a different tone, so she got up again to see what was taking place.

She said one person seemed to be asking something, rather than laughing, or being jovial.

On looking out she saw someone on the drive way of the defendant’s home apparently addressing the men, who attempted to get up from the tree.

She said the neighbour (the defendant), who she recognised but did not know, at one stage pulled his first back as if about to deliver a punch, but then put it down.

The witness said Mr Tompkinson appeared to have a phone in his hand and seemed to then be making a call.

Read more: Stephen Tompkinson accused of causing 'traumatic brain injury' to man

She said she saw more words exchanged and then Mr Tompkinson stepped forward and slapped the man in the boxer shorts with his right hand, before punching him on the head with his left hand.

Questioned by prosecuting counsel, Michael Bunch, she said she was “!00-per cent” sure that her neighbour made the move to go towards the men.

She said it had the effect of causing the punched man to stumble backwards and fall to the ground without, apparently, trying to break his fall.

As his friend lay on the ground without moving, she said she heard the second man saying to Mr Tompkinson: “You punched him.”

At this point she urged her husband to call the emergency services and police arrived minutes later before a paramedic vehicle and an ambulance reached the scene.

She added that during the incident the two drunk men did not go onto her neighbour’s property or make any aggressive actions towards him.

In cross-examination, the witness was asked by defence counsel, Nicholas Lumley KC: “I’m going to suggest what you saw was a reaching out, a push to the face, not a slap to the face?

The witness replied: “Absolutely not.”

Read next:

* Actor Stephen Tompkinson court hearing for alleged Whitley Bay assault

* Stockton's Stephen Tompkinson denies GBH after incident in Whitley Bay

* DCI Banks star Stephen Tompkinson of Whitley Bay charged with inflicting GBH

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Mr Lumley also said Tompkinson had his phone in his hand throughout the incident after calling the police and suggested, “there is no way he could punch with his left hand and slap with his right”.

Mr Tompkinson claims he was acting in self-defence and merely put his hand out to prevent the man in the boxer shorts approaching him any further.

Following a break for the Bank Holiday weekend, the case continues on Tuesday (May 9).