We represented Mr X, a 22 year old university graduate accused of assault occasioning actual bodily harm (ABH) following a football match in late 2011 between his (then) university team and another university team. The assault was alleged to have occurred in the changing rooms following what was described by many as a very heated and physical match.
It had been alleged that our client, Mr X, had waited for the complainant in the changing room, and upon entering, had punched him 10-11 times in an unprovoked attack causing a split lip and several cuts. Mr X had instructed us that during the game, racist comments had been made by the complainant and several of his teammates to our client and his teammates who were either black, mixed race or Chinese.
Violence had also been used towards the same players, out of sight of the match referee. Mr X had simply wanted to ask the complainant why such comments had been made. Upon entering the changing rooms, Mr X had asked the complainant why the comments had been made. The complainant became threatening, and fearing that he would be further attacked, Mr X struck the complainant in pre-emptive self-defence.
The Trial
At the trial in Lincoln Crown Court, the prosecution called three witnesses who all gave evidence against Mr X. Our client gave evidence on his own behalf, and after closing speeches by prosecution and defence counsel, and the Judge’s summing up, the jury retired to consider their verdict. They were out for just under half an hour (a very quick deliberation time for a case of this level of seriousness) before returning to court and delivering a unanimous verdict of not guilty!
He was allowed to leave court, the Judge commenting that he was leaving without a stain on his good character. The client was both very relieved and happy that over a year and a half of worry had finally come to an end. He would now be able to look for jobs in the area in which he qualified from university without this case hanging over his head. He was very grateful for my assistance (Tony Freitas) and the barrister who had represented him at the trial.
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