Former Premier League participant Joey Barton, who was accused of pushing his spouse Georgia to the ground earlier than kicking her in a drunken row at their residence, has been cleared of assault.
Barton, who’s now supervisor of League One aspect Bristol Rovers, was acquitted after a choose mentioned he couldn’t get a good trial as a result of prosecutors wouldn’t name Mrs Barton to offer proof.
Barton, 40, had denied assault by beating, whereas prosecutors claimed his spouse “would not be a credible witness”.
Wimbledon Magistrates’ Court heard that the 36-year-old girl was “audibly upset and shaken” when she dialled 999 on 2 June final 12 months after allegedly struggling a bleeding nostril and a golf-ball sized bruise on her brow.
The trial heard she instructed the operator “my husband has just hit me in the house”, informing them she had a “bloody nose” after Barton hit her “just in the face”, earlier than police arrived on the property in Kew, southwest London inside 25 minutes.
Footage from a police body-worn digital camera captured Mrs Barton saying “I was pushed and kicked about and stuff”, the court docket was proven.
The officer famous “a bit of a lump and some blood”, whereas Mrs Barton, chatting with a feminine officer in a utility room 5 minutes later, mentioned her husband “just flipped out” and “threw me down”.
She mentioned “he was kicking me about”, and whereas holding an ice pack to her head, added the alleged assault got here “out of the blue”.
“I just want him to be removed from the premises,” she mentioned.
Mrs Barton declined to make a written witness assertion however forward of the anticipated trial in March she wrote to the Crown Prosecution Service (CPS).
Couple ‘drank 4 or 5 bottles of wine every’
The court docket beforehand heard Mrs Barton had written a letter to prosecutors, claiming she and her husband had been consuming “about four or five bottles of wine each” with two different {couples}.
She mentioned she wasn’t positive what she mentioned to officers was completely correct and claimed her damage was precipitated by chance when mates intervened within the row.
According to prosecutors, the account was a bid to “exculpate” her husband they usually selected to not interview her or name her to offer proof.
CPS had choices to compel Mrs Barton to offer proof – choose
Prosecutor Daniel O’Donoghue mentioned: “The prosecution maintain she would not be a credible witness and has put forward an exculpatory account in order to assist Mr Barton and undermine the comments made on the evening, which we say are very clear on the video.”
However, District Judge Andrew Sweet mentioned the CPS had choices to compel Mrs Barton to offer proof or deal with her as a hostile witness.
He mentioned: “I am satisfied the position adopted by the Crown not to take a statement or call Mrs Barton is at odds with the case law. I am satisfied Mr Barton would be unable to achieve a fair trial in these circumstances and the proceedings are stayed.”
A CPS spokeswoman mentioned: “We are considering the judge’s comments and we will review our position.”
Source: information.sky.com”