Policeman cleared of nightclub assault

Judge said lack of identification parade made evidence unsafe

A POLICEMAN from Thatcham has been cleared of attacking a man in a nightclub after a judge ruled the identification evidence was unsafe.

Thirty-three-year-old Adam Gidley-Smith, a constable with Thames Valley Police, had been identified by witness Emily Burris as the man who punched and kicked victim Russell Haslam in a nightclub in Stroud, Gloucestershire.

She said the attacker was aged about 20 to 22 and under 5ft 8ins tall.

In fact, Mr Gidley-Smith was aged 32 at the time and is 6ft 2ins tall, the court heard.

Because there had been no identification parade, said Judge Jamie Tabor QC, it would be unsafe for Ms Burris' evidence to be put to the jury.

After the ruling was handed down, Ian Halliday, prosecuting, offered no evidence on the charge of assault causing actual bodily harm on August 29 last year and Judge Tabor formally acquitted Mr Gidley-Smith and granted him a defendant's costs order.

Giving his decision, Judge Tabor said Mr Haslam had been in the club with friends, including Miss Burris.

During the evening one of three men allegedly attacked Mr Haslam, punching him full in the face and kicking him once in the head, said the judge.

Mr Haslam later told police he was unsure he would recognise his attacker again and initially thought he was wearing a white tee shirt. He later said his attacker's tee shirt was black

Judge Tabor said: “The essential core of the prosecution case is the purported identification by Ms Burris of the defendant. She identified the defendant to police officers because she saw a man in a white tee shirt being arrested and, as a result of what she said, the defendant was then arrested.”

Judge Tabor said Mr Gidley-Smith did not answer police officers who questioned him but later provided a prepared statement. He accepted he had been involved in an incident at the club but said he had stopped an argument between two men and was then punched in the face.