The complainant alleged that the defendant had launched an unprovoked attack, inflicting very serious head injuries with a glass bottle. The defendant also suffered some injuries that same evening and attended the same hospital as the complainant. The Complainant identified the Defendant at the hospital as his attacker and later positively identified him at an ID parade.
The defendant denied he had been correctly identified. The police did not test any clothing of either party and no CCTV showing the offence or the defendant in the area was obtained.
Cross-examination of the complainant revealed that the initial identification at the hospital had been led by a police officer who had accused the complainant of attacking the defendant.
Gabriella made a successful submission of no case to answer and the judge directed the jury to return not guilty verdicts.
Gabriella was instructed and assisted by Philip Lea of LLM Solicitors.