Bristol Rovers supervisor Joey Barton has been cleared of assaulting his spouse after a choose dominated he couldn’t have a good trial as a result of prosecutors wouldn’t name the alleged sufferer to provide proof.
The former Premier League midfielder, 40, was accused of pushing Georgia Barton, 36, to the ground earlier than kicking her throughout a drunken row at their residence in in Kew, south-west London on June 2 final yr.
Mrs Barton, who is claimed to have been left with a golf-ball sized bruise on her brow and a bleeding nostril, was “audibly upset and shaken”, when she dialled 999 simply earlier than 11.15pm, Wimbledon Magistrates’ Court heard.
“My husband has just hit me in the house,” she mentioned, telling the operator she had been left with a “bloody nose” after Barton hit her “just in the face”, earlier than officers arrived on the scene inside 25 minutes.
Body-worn footage performed in courtroom captured Mrs Barton saying: “I was pushed and kicked about and stuff.”
The officer famous “a bit of a lump and some blood”, whereas talking to a feminine officer in a utility room round 5 minutes later, Mrs Barton mentioned her husband “just flipped out” and “threw me down”.
“He was kicking me about,” she mentioned, including, whereas holding an ice pack to her head, that the alleged assault got here “out of the blue”.
“I just want him to be removed from the premises,” she mentioned.
Prosecutor Daniel O’Donoghue mentioned footage of Barton’s arrest exhibits he was “clearly intoxicated”.
He is seen in mattress wearing simply his boxer shorts whereas being woken up by cops earlier than slowly pulling on his shorts, a polo neck T-shirt and socks.
Barton, who performed for groups together with Manchester City, Newcastle, Queen’s Park Rangers and Marseille, in addition to making one look for England in 2007, denied assault by beating.
His spouse declined to make a written witness assertion however forward of the anticipated trial in March wrote to the Crown Prosecution Service.
During earlier authorized argument, the courtroom heard Mrs Barton had written a letter to prosecutors, claiming she and her husband had been ingesting “about four or five bottles of wine each” with two different {couples}.
She mentioned she wasn’t positive what she mentioned to police was completely correct and defined that her damage was precipitated by accident when mates intervened within the argument.
Prosecutors mentioned the account was an try to “exculpate” her husband and nonetheless selected to not interview her or name her to provide proof.
Mr O’Donoghue mentioned on Monday: “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 there have been choices out there to the CPS to compel Mrs Barton to provide proof or deal with her as a hostile witness.
“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,” he mentioned.
“I am satisfied Mr Barton would be unable to achieve a fair trial in these circumstances and the proceedings are stayed.”
Barton, wearing black, fled courtroom after he was discharged earlier than later leaving together with his spouse, who was sporting a pink trouser swimsuit.
He began his administration profession with Fleetwood Town from 2018 to 2021 earlier than becoming a member of League One aspect Bristol Rovers final yr.
Last December, Barton was cleared by a Sheffield Crown Court jury of pushing over then-Barnsley supervisor Daniel Stendel, leaving him bloodied and with a damaged tooth, after a League One match between his Fleetwood crew and the South Yorkshire aspect at Oakwell on April 13 2019.
Source: www.unbiased.co.uk