mr foster has been charged with assault occasioning actual bodil harm contrary to the offences against the person act 186,s 47 counsel will see dfrom the paper thet the allegation is that gary foster assaulted john kelsely during an altercatin in the street.the incident appears to have started as an argument over noise caused by the dafendant,who was working on a van in the street outside mr kelsey's house
the argument was witnessed by a neighbour, samantha coleman.who describes the two men shouting and scufflig on the pavement.it was this winess who called the poice who attended at the scence some 5 or 10 minutes after the incident had calmed down
mr kelsey sufferd a cut to his left cheeckbone requiring five stitches
mr foster accoun is as as set out in his proof of evidence, enclosed. counsel will of course note that mr foster himself sufferd bruising to his eye and scratches to his lower arm
mr foster has been on bail throught out with two conditions.that he not go to linden park and that he not contact prosecution witnesses
the trail is fixed for monday 4th february 2008 at 10am
we should add that a defence statement,pursant of CPIA '96 has not not been served in this case.the CPs has written to those intructing counsel sayig that there is no unsued material to be disclosed
the CPS today confirmed that mr foster has no previous conviction given the content of the final paragraph of his proof of evidence we asked the CPs to double-check the antecedents of the prosecution witnesses also.they today confrim the neither mr kelsey nor mrs coleman has any previous conviction nor have the police had prior dealing with them. counsel is instructed as ever to use best endeavours to secure th bail of mr foster
the argument was witnessed by a neighbour, samantha coleman.who describes the two men shouting and scufflig on the pavement.it was this winess who called the poice who attended at the scence some 5 or 10 minutes after the incident had calmed down
mr kelsey sufferd a cut to his left cheeckbone requiring five stitches
mr foster accoun is as as set out in his proof of evidence, enclosed. counsel will of course note that mr foster himself sufferd bruising to his eye and scratches to his lower arm
mr foster has been on bail throught out with two conditions.that he not go to linden park and that he not contact prosecution witnesses
the trail is fixed for monday 4th february 2008 at 10am
we should add that a defence statement,pursant of CPIA '96 has not not been served in this case.the CPs has written to those intructing counsel sayig that there is no unsued material to be disclosed
the CPS today confirmed that mr foster has no previous conviction given the content of the final paragraph of his proof of evidence we asked the CPs to double-check the antecedents of the prosecution witnesses also.they today confrim the neither mr kelsey nor mrs coleman has any previous conviction nor have the police had prior dealing with them. counsel is instructed as ever to use best endeavours to secure th bail of mr foster