BRITISH PROSECUTORS COP IT IN THE NECK

A judge launched a withering attack on the Crown Prosecution Service yesterday after throwing out a case in which Sir Paul McCartney's brother, Mike, had been accused of sexually assaulting a waitress. Mike McCartney, 62, was alleged to have touched the 16-year-old's bottom while attending a family party at a pub in the Wirral, Merseyside, in September 2004. The girl claimed he had placed his hand over her trousers and then moved it from her thigh to her bottom. Her allegation was supported by another waitress of the same age. Mr McCartney insisted that he had merely touched the girl's back in a "fatherly" gesture while asking her whether there were any more tempura prawns.

Three days into the trial Judge Elgan Edwards, the Recorder of Chester, ruled that the prosecution had failed to prove that the incident was of a sexual nature. Having directed the jury to find Mr McCartney not guilty, he said: "This defendant has not been acquitted on a technicality, he leaves the court without a stain on his character. "This case was a misunderstanding from the word go and should never have been prosecuted." The judge went on: "A great deal of public money has been wasted and a great deal of court time wasted.' "Two young girls have had the agony of waiting for 17 months to give evidence and the defendant, a man of exemplary character, has had the matter hanging over his head as well. It is quite inexcusable and makes a mockery of legal proceedings."

Mr McCartney, a photographer and one-time member of the 1960s band The Scaffold, described the experience as "a living hell". Flanked by his wife, Rowena, and son, Sonny, he said: "It is a monstrosity that a wholly innocent man has been publicly named and linked to a charge of sexual assault, which to the ordinary person means rape. "It has been made crystal clear by this judge that I am totally innocent and have been from day one." He added: "I want to thank my family, including my big brother, who has been a rock of support during this attempt to soil our family name."

Mr McCartney said he was launching a campaign to change the law so that both the accused and the alleged victims of sex crimes would be granted the same anonymity in court. His solicitor, Stephen Taylor, said Sir Paul was delighted that his brother had succeeded in clearing his name. "I have spoken to him and he said it was great news."

Judge Edwards took the unusual step of ordering the Crown Prosecution Service to pay the entire costs of the case, which are estimated at 100,000 pounds.

The CPS claimed that the case could not have been dealt with any quicker. However, a spokesman acknowledged that lawyers had requested additional witness statements in January 2005. The final decision to prosecute was not taken until May 20 last year.

Report here



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