CPS under fire for refusal to show CCTV of club ‘assault’
A JUDGE has criticised prosecutors after they failed to hand over crucial evidence that could have prevented a French businessman having to stand trial for alleged sexual assault.
Valentin Krzyzyk, 27, was accused of lifting a woman’s skirt and groping her at a London nightclub in 2016.
The alleged victim tearfully gave evidence, claiming she had been hysterical after the incident, which took place at the Cirque Le Soir nightclub.
But CCTV cast doubt on the woman’s claims after it revealed she appeared to carry on drinking and flicked her hair nonchalantly after the alleged assault.
But the video was not shared with Mr Krzyzyk’s defence team, despite repeated appeals by his lawyers to see it. Indeed, his barrister only gained access to the footage after the trial began at Southwark Crown Court.
The businessman was eventually cleared by a jury in December, but a judge described the failure of prosecutors to share the CCTV as “reprehensible”.
In a hearing at Southwark Crown Court yesterday, Mr Recorder Michael Bromley-martin QC said: “It is necessary for the CPS to ensure that such a failure never occurs again.”
Mr Krzyzyk flatly denied making any contact with the woman, insisting he had merely shooed her away after she helped herself to a drink from his table. On the first day of his trial, a mistake by the police and CPS meant no witnesses were called to give evidence.
During the break in proceedings, Narita Bahra, his barrister, renewed her application to view the CCTV disk and when she saw it, realised it contradicted the alleged victim’s story.