An assault charge against a man accused of attacking people around the Arsenal Emirates stadium has been dropped after a blunder by the Crown Prosecution Service. James Billings, 41, appeared at Highbury Magistrates Court on Tuesday (May 13) where he was told the CPS would offer no evidence against him due to ‘evidential difficulties’.
Prosecutor Adrian Yalland, who appeared less than pleased by how the case was brought to court, told magistrates: “The defendant is charged with a number of offences. The one before you this morning is frankly the least serious of those offences. However, what is clear, the Crown’s case on this matter rests solely on the video line-up.
“That raises flags enough for any prosecutor, especially in circumstances where the identification was made three months after the Crown says the incident occurred – which in this case is a threat to stab, amounting to common assault.
“What has transpired is there have been conversations with the complainant in this matter and a complainant in one of the linked matters, and an image has been shared which purports to be this defendant. I have seen that image and my view was that it entirely undermines the efficacy of the video parade.”
Mr Billings, of Queensland Road in Islington, was charged over three separate incidents on March 26, five days after MyLondon published a story about a series of alleged attacks around Drayton Park in Islington. We reported on allegations from three alleged victims, two of whom were subsequently named in the charges.
At his first appearance on April 1, Mr Billings pleaded not guilty to common assault, using threatening words and behaviour, and assault causing actual bodily harm. Two more trial dates were fixed at the same court for Wednesday (March 14) and next Wednesday (May 21).
On the alleged ABH, Billings’ duty-solicitor claimed ‘he was the person being attacked’ and that he threw an object because ‘he feared for his own safety’. Mr Billings also denied being present at the scene of the alleged common assault, and at the scene of the alleged use of threatening words or behaviour.
Things started to unravel at the magistrates on Tuesday morning as defence counsel for Mr Billings told Mr Yalland about contact between separate complainants and the existence of a photograph (purporting to be the defendant) taken by a separate complainant.
After learning of the photograph, Mr Yalland said: “I would almost be at the limit of what I am prepared to prosecute without professional embarrassment.”
After informing a reviewing lawyer, Mr Yalland applied to offer no evidence on the single charge of common assault. This was accepted by the magistrates, who dismissed the case and sent Mr Billings home.
MyLondon understands the complainant declared his knowledge of the photo, and his contact with a separate complainant, when he attended the identity parade at a police station in North London. Despite knowledge of the photo, and its potential effect on the prosecution case, the charge was authorised and the CPS only got sight of the photo on the day of trial.
The Met have previously said they ‘launched an investigation following a series of allegations that a man had physically assaulted and verbally threatened people in the Drayton Park area, Islington’.
A CPS spokesperson said: “Due to difficulties with evidence that only became apparent today in court, we are unable to continue with the prosecution. This has been accepted by the court.”
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