ADVICE : police failing to get evidence that would of help our case.

[D123456A]

Hi, I won't go into the whole case because I posted the details a few months ago on this website. My boyfriend Sam is currently waiting to go through Crown Court for charges of Assault & criminal damage to a car (he was moving away (backwards) from the bouncers when he clipped a wing mirror). The police failed to get CCTV footage from the pub directly opposite the club where the incident took place, we informed the police about the camera the day after the incident (sam hadn't been charged at this point). When the police came to take my witness statement (4 days after the incident), they said it was a dummy camera, me and sam went back to the pub to ask the landlady and she said it isn't a dummy camera (the footage had been taped over, she only keeps it for 3 days) and that no police had come in to ask for the footage (She has previously provided CCTV to the police for other cases). She is willing to make a statement.

Is this enough to stop it going to court?
Where do we stand with this?

I don't want to make a complaint about the police just yet because I don't want them to get "heads up" on this if it can help us. They have already messed up by not getting the evidence that would of shown sam moving away and the bouncer coming towards him.

Any advice will be greatly appreciated

[seatrout]

It sounds as if the Police should have seized the tape. They will be familiar with the night club location and with CCTV coverage of the area - particularly if they have previously had CCTV from this person. They should have made some enquiries about it

Your boyfriend needs to discuss this with his solicitor to see if it can be argued that it would be an abuse of process to continue to prosecute the case. The simple fact that the Police did not sieze the tape is not enough - there could be a dozen independant witnesses who all saw what happened in which case CCTV is largely redundant. If the only evidence is from the club bouncers then the cctv would take on a much greater significance.
These are quite technical issues which you really need to take your solicitors advice on

[D123456A]

Hiya seatrout,

Thanks for the advice, I just wanted to get a general idea if we are right to persue this, the solicitror was previously a little reluctant to get the statement from the landlady and we were wondering why because it's vital evidence for us to prove our side.

There were no independant witnesses that saw the punch, the police even put it in the papers to get witnesses. the CCTV would of been ideal footage.

Thanks again.