Badly-injured dad, 43, complains to CPS after wounding charge dropped over brawl

AGGRIEVED: David Tait and his wife Marcia

AGGRIEVED: David Tait and his wife Marcia

First published in News Bradford Telegraph and Argus: Photograph of the Author by , T&A Reporter

A DAD who suffered fractures to his nose, cheek and eye socket during a brawl with a man half his age whom he accused of verbally abusing his teenage daughter said he has lost his faith in the justice system after a wounding charge was dropped by prosecutors.

David Tait, 43, who admits he threw the first punch, is to lodge an official complaint with the Crown Prosecution Service over the decision to substitute a charge of grievous bodily harm with one of threatening, abusive or insulting words or behaviour with intent to cause fear of/to provoke violence only weeks before the case was due to be heard before a jury at Bradford Crown Court.

The other man involved has now admitted the lesser charge in connection with the incident in Shipley last November and was fined £400.

Supermarket worker Mr Tait, 43, of Central Avenue, Baildon Green, who had a metal plate inserted in his face due to his injuries, said: "I do not believe in justice anymore."

"He came forward to me in an aggressive manner. I threw one punch to block him."

In a letter to Mr Tait to explain its decision, Crown Prosecutor S Tyrer said: "I have reviewed the case in accordance with the Code for Crown Prosecutors which gives guidance on the principles CPS applies when making decisions about prosecutions. I have taken the decision to alter the charge to a public order offence.

"My reason for this is that having further considered the evidence in the case, the public order charge better reflects the evidence in the case.

"CCTV footage was recovered from the scene, but does not show who struck the first blow or how many blows were struck.

"Furthermore, the only independent witness who was present at the scene has given an account to the police which supports that given by the defendant.

"The Courts have an even higher standard of proof than the test I have applied under the Code for Crown Prosecutors. The case has to be proved to a jury to such a standard where they can be sure of guilt. In this case, we could not meet such a standard."

A spokesman for the Crown Prosecution Service also told the Telegraph & Argus the Victims' Right to Review Scheme did not apply in the case because there had been a plea to a section four public order offence.

The spokesman added that Mr Tait was within his rights to submit a complaint about the decision.

Mr Tait, who is employed by Asda, said he had been off work because of the incident and had suffered flashbacks.

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