A man tried to stop a fight between his wife and his mother and was arrested, Magistrates' Court was told on Monday.

Mark Anthony Kelly, 20, was found guilty of offensive behaviour but not guilty of wilfully damaging a Police Sergeant's eyeglasses.

Magistrate the Wor. John Judge gave Kelly a conditional discharge for one year.

Kelly told court he asked that Police be called after his wife and mother began fighting outside the Leopards Club in Hamilton. But when officers arrived, he ended up handcuffed with his face pushed into the sidewalk, he said.

Kelly, who was defended by Mr. Richard Hector, said he went to the Leopards Club to talk to his alcoholic mother, who had recently moved to a room there.

He was concerned about his sister Renee, who was 16 at the time, he said.

Renee was in the States without money, though she had expected to receive some from her mother, he said. And she did not like the idea of moving back to live at the Leopards Club.

Kelly's wife, also named Renee, stayed in the car outside the Cedar Avenue club, because she and his mother did not get along.

His mother had been drinking and "just wanted to fight'', Kelly told court.

"She started raising her voice.'' Hearing the argument, Kelly's wife entered the club, he said. "I'm not talking no more as long as that white bitch is here,'' said his mother, who stormed from the room.

As she approached the doorway, Kelly's mother pushed his wife, he said. His wife pushed his mother back, who then slapped his wife in the face.

The fight moved out into the street, where Kelly received a slap in the face from his mother for trying to stop the altercation. All three were arguing loudly, he claimed.

At one point, Kelly said he restrained his mother while he told his wife to go inside and call Police.

"What was I supposed to do?'' Kelly asked. "My wife and my mother were fighting. It was not like I could really choose sides.'' By the time Police arrived, all three Kellys were again on the sidewalk. Kelly said the first officer on the scene grabbed him, while his mother and wife continued to fight.

When he tried to break free to stop the fight, he was grabbed by the neck and "had to struggle to try to breath,'' he said. He was then pushed face-first to the ground and handcuffed.

Police said Kelly struggled and used profanity as they tried to arrest him. A Sergeant said Kelly took a swipe at him, knocking off his glasses. Kelly said he may have accidentally knocked off the officer's glasses. Prosecutor Sgt.

Peter Giles asked why Kelly would choose a Saturday night to talk to his mother when he knew she was an alcoholic. He also questioned why Kelly and his wife did not leave when he saw there would be trouble.

Mr. Judge said Kelly was guilty of offensive behaviour because the argument was visible and audible to the public. But he was surprised Kelly was the only one charged.

There was little evidence to support the willful damage charge, he said.