A SEX swap trucker who attacked his ex-wife’s pensioner father in a confrontation at the former marital home has lost a fight to clear his name.

Nikki Jane Weston, 45, formerly known as Nigel Weston and charged under this name, pushed 65-year-old Peter Scholes into a corner of the room by the throat, was said to have punched him in the mouth and knocked his glasses off.

Weston had turned up at the house in Woodside Crescent, Rawtenstall, where his ex-wife Michelle still lived and which he jointly owned with her, because he was homeless and wanted to move back in, a court heard.

Mrs Weston, whose 24 year marriage to her former husband fell apart after Weston decided to become a woman, rang her father who was ordered to leave by Weston when he arrived at the property.

Mr Scholes, who suffers from osteoporosis, was left with scratches on his face, lacerations to his lips and bleeding after the commotion on February 20.

Weston, now living as a woman, undergoing a sex change and still working as a lorry driver, had earlier been convicted of assault by beating, after a trial before magistrates.

He had protested his innocence, claimed self defence and alleged the victim got his injuries from the hi visibility work jacket he had been wearing.

Weston, of North View, Crawshawbooth, appealed against the conviction at Burnley Crown Court, but it was thrown out by Judge Simon Newell, sitting with two justices.

The judge said Mr Scholes’s injuries were consistent with the version of events he and his daughter had given to the court.

He added: “The injury to the right cheek was not and could not have been caused by the velcro on the jacket.”

Weston had been given a community order by the lower court. He must now also pay £300 costs.

The court was told the Westons, who have two grown up sons, split in August last year.

Questioned by David Macro, for the Crown, Mrs Weston said: “I didn’t want him to move back in. It was a shock.”

She said after Weston set about her father he was left shaking.

She said: “The right side of his face was scratched and his gums were bleeding.”

Weston claimed Mr Scholes wanted revenge and was going to hit him because he had decided to become a woman.