A SOLDIER who feared jail over a drunken fracas that left his best pal gravely ill walked free from court yesterday to fly out to Iraq.

Private Keiron Malone, 20, based at Catterick Garrison, had carved out an amazing future for himself said his barrister, Peter Makepeace.

Malone, serving with the Queen's Lancashire Regiment, drank 12 cans of lager before he punched his best friend, Private Peter Roe, 21, who fell backwards hitting his head on railings.

Other members of their platoon carried him to the nearby Tesco store in Catterick Garrison where an ambulance took him to hospital. He later became gravely ill, but a neurosurgeon told Teesside Crown Court that the serious head injury may have been caused naturally rather than by the assault.

Mr Makepeace said that the army desperately wanted to keep Malone who would be kicked out if he was given a prison sentence.

Judge Peter Bowers said about the Iraq posting: "There won't be much time for drinking there."

Malone had accused Pte Roe of causing damage to his vehicle some months earlier and he punched him once in the face, said Miss Gina Kelly, prosecuting.

Judge Bowers told Malone: "Drink in, wits out, was the old phrase and clearly you and your mates had had a good skinful that night.

"You are an exceptional soldier, you have got outstanding references and I am going to make an exceptional circumstance in your case."

Malone was given a two-year conditional discharge and ordered to pay £346 costs after he pleaded guilty to actual bodily harm assault on December 20.