Did the cleaner prepare case, judge asks CPS

A JUDGE has criticised the Crown Prosecution Service and asked if a case had been prepared by a cleaner as she threw out an assault accusation against a businessman.

District Judge Anne Sawetz dismissed the case against Fitzroy James, who had been accused of biting a security guard’s ear during a fracas at a luxury hotel, after the CPS failed to summon a vital witness who could have exonerated the defendant.

Speaking at Camberwell magistrates’ court, south London, the judge said: “I don’t know who prepares these cases – I think sometimes the cleaner does, because there’s no legal input.”

The court had heard Mr James had been a guest at the five-star Shangri La hotel in London when he allegedly bit the security guard, Zsombor Sary.

He was said to have turned violent when called to reception to settle a dispute over his bill and was prevented from stepping outside for a cigarette.

It was claimed he had to be restrained by four members of staff. But a witness, Jason Blaze, approached the police and informed them he believed the security guards had acted out of proportion and unprofessionally during the incident on Dec 23 last year.

He offered to give a statement, but none was taken. He also offered to give evidence in court.

Prosecutor Maya Chopra twice spoke with managers at the CPS to ask for an explanation on the lack of disclosure, but was told to inform the court the case was “trial ready”.

Recording a verdict of not guilty on the basis of no evidence, Judge Sawetz said: “To say this case is trial ready is astounding and brings the entire criminal justice system into disrepute.

“There is a person out there who is willing to give evidence and he’s probably the most important witness in the case because he is independent [and] ... could give a completely different slant to the case. How the CPS can say that this case is trial ready is beyond belief.”

Helen Jones, for the defence, told the court: “The hotel had his credit card, bank details, passport and his car was in the valet parking below the building. He clearly wasn’t going anywhere.”

Mr James was cleared of common assault.