Judge Sylvia de Bertodano has blasted the CPS for not informing two defendants that they were to be cleared of a grievous bodily harm charge until the day of the trial.
The CPS were ordered to make an apology to the pair, after Warwick Crown Court heard that the CPS were aware there was no case nine months ago.
David Bennett, prosecuting, explained that the alleged victim had reported an incident to the police 18 months ago, however by the time the case was listed for trial the victim had made a statement saying he did not wish to proceed and admitted that the incident was partly his fault.
Judge Sylvia de Bertodano said: “It has been apparent since last October that there is nothing in it.” She ordered apologies for the two men, and for their costs to be paid from central funds.
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