Mark Robinson of the Garden Court Crime Team was privately instructed by Iftekhar Hossain of Liberty Legal Solicitors LLP.
The defendant was accused of smashing a glass jug over the complainant’s head in a restaurant after a fight broke out during an England football match in 2021. The complainant, in his statement, said he had a clear unobstructed view of the defendant during the assault and also said that they were ‘eye to eye’. The complainant also identified the defendant in the local area, which led to his arrest and was shown an image of the defendant on social media in advance of a formal ID parade. Despite this, the complainant was still unable to positively identify the defendant after viewing the ID parade.
The Judge found that there was insufficient evidence in the case against D and quashed the single count of section 20 GBH on the indictment.