About Hostile Witness
A hostile witness, otherwise known as an adverse witness or an unfavorable witness, is a witness at trial whose testimony on direct examination is either openly antagonistic or appears to be contrary to the legal position of the party who called the witness.
Joey Barton cleared of assaulting his wife Georgia
Former Premier League footballer Joey Barton has been cleared of assaulting his wife after a judge ruled he could not have a Fair Trial .
The Prosecution at Wimbledon Magistrate's Court refused to call Georgia Barton to give evidence over fears she would give an " exculpatory account" to help her husband.
Mr Barton, who now manages Bristol Rovers, was accused of pushing Mrs Barton to the floor and kicking her.
He was arrested Last Year .
The alleged assault took place at the couple's home in in Kew, south-west London in June 2021 while they were having " a drunken row" The Court heard.
Body-worn police footage played In Court captured Mrs Barton saying: " I was pushed and kicked about and stuff. "
The Officer noted " a bit of a lump and some blood".
Prosecutor Daniel O'Donoghue said footage of Mr Barton's arrest shows he was " clearly intoxicated".
'Accidental injury'Mr Barton, who played for teams including Manchester City, Newcastle, Queens Park Rangers and Marseille, as well as making one appearance for England in 2007, denied assault by beating.
His wife declined to make a written witness statement but during earlier legal argument, The Court heard Mrs Barton had written a letter to prosecutors, claiming she and her husband had been drinking " about four or five bottles of wine each" with two other couples.
She Said she wasn't sure what She Said to police was totally accurate and explained that her injury was caused accidentally when friends intervened in The Argument .
Mr O'Donoghue said: " 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 said the CPS could compel Mrs Barton to give evidence or treat 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 Said .
" I Am satisfied Mr Barton would be unable to achieve a Fair Trial in these circumstances and the proceedings are stayed. "
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Source of news: bbc.com