What's the story, Noel Gallagher?

Noel Gallagher at the Soho Metropolitan Hotel in September, 2008, while in Toronto for the Virgin Music Festival.

Noel Gallagher at the Soho Metropolitan Hotel in September, 2008, while in Toronto for the Virgin Music Festival. Jennifer Roberts/The Globe and Mail

Sentencing on hold until court can hear from Oasis star

Timothy Appleby

Globe and Mail Update

His first show cut short, bad-boy rock star Noel Gallagher is returning to Toronto for an encore.

In an appearance likely to attract a big crowd, the former Oasis songwriter plans to deliver a victim-impact statement personally at the sentencing hearing of the Pickering man who attacked him on stage 17 months ago.

The hearing for Danny Sullivan, who in November pleaded guilty to assault causing bodily harm after drunkenly barging onto the stage at an Oasis concert and shoving Mr. Gallagher into a speaker cabinet, breaking three of his ribs, was to have taken place on Friday at the Old City Hall courthouse.

But prosecutor Ruth Kleinhenz on Friday requested an adjournment that would allow Mr. Gallagher to travel to Toronto from the United Kingdom to read his statement. As well, Ms. Kleinhenz said she needed to study a pre-sentencing report.

Reluctantly, Mr. Justice Richard Schneider agreed, calling the delay “unfortunate in the extreme.”

No new court date was set because Ms. Kleinhenz said she could not immediately reach Mr. Gallagher or his representatives.

She said the 42-year-old musician has indicated he will be available in April. Judge Schneider, however, said he wanted to move matters forward more quickly than that.

Crown and defence will return to court on Tuesday to reschedule the hearing.

Mr. Gallagher’s Canadian publicist, Jonathan Elder of Warner Music Canada, said his client would make no comment.

Mr. Sullivan and his lawyer, John Collins, had been anxious for a speedy resolution.

Mr. Collins told the judge the matter had been “hanging like an albatross” around the neck of the 48-year-old contractor and his family, who had suffered great distress, and that Mr. Gallagher should not be in a position to “control the proceedings.”

Outside court, Mr. Collins said he was unimpressed with the postponement.

Peter Power/The Globe and Mail

Danny Sullivan, left, listens quietly while his lawyer, John Collins, makes a brief statement to the media. Mr. Sullivan, a Pickering contractor, assaulted rock star Noel Gallagher on stage during a concert and was appearing today to be sentenced.

“Mr. Sullivan and I are very disappointed that the sentencing did not proceed today,” he said.

“He pleaded guilty to this charge well over two months ago, and the 11th-hour application of the Crown for Mr. Gallagher to be here in person to read his victim-impact statement is in my view unreasonable.”

With his forlorn-looking client standing beside him, Mr. Collins also said he doubted that Mr. Gallagher’s appearance would have any bearing on the outcome.

Mr. Collins has said he will seek a conditional, non-custodial sentence for Mr. Sullivan, who has no criminal record and has said that due to excessive intoxication at the time of the incident he has no recollection of it.

One of the video clips of the disrupted concert that almost instantly made their way on to YouTube will be shown at the hearing, Ms. Kleinhenz said.

Mr. Sullivan has acknowledged charging on to the stage as Oasis was performing during the two-day Virgin Music Festival on the Toronto Island in September, 2008.

Oasis was the headline act, and Mr. Gallagher – the band’s songwriter and lead guitarist – had just struck up the opening chords of the band’s 1995 mega-hit (What’s the Story) Morning Glory? when Mr. Sullivan ran across the stage and shoved Mr. Gallagher into a speaker cabinet.

Mr. Gallagher sustained three broken ribs and had to cancel the rest of the tour, which would have comprised five more shows.

In addition, Mr. Gallagher has launched a $2-million lawsuit against Mr. Sullivan, a contractor who is married with children and has never before been in trouble with the law.

Mr. Collins told the court Mr. Sullivan is “remorseful” about what happened and is anxious to move on.

But before that can happen, the court will hear from Mr. Gallagher, who quit the band in August to pursue a solo career.

Mr. Gallagher and his brother Liam, the two most famous Oasis faces, are no strangers to controversy.

Their wild behaviour and sibling rivalry since the band was formed in Manchester in 1991 has provided the British tabloid press with a steady stream of unflattering stories.

In one memorable BBC interview in 2008, Noel Gallagher told the host he had been taking drugs for 18 years and had sustained no great harm.

Asked if he had been drunk the night before, he replied: “I still am.”

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