Boxer David Haye is CLEARED of assault as judge says he has ‘no case to answer’ over claims he ‘grabbed man by throat and warned “say one more word and I’ll kill you”‘ at comedy show
- David Haye, 41, has denied attacking a man called Nickesh Jhala last year
- He pleaded not guilty to assault at the Hammersmith Apollo in west London
- Judge threw out the case after hearing representations from Haye’s lawyer
Former World Champion boxer David Haye was this afternoon cleared of assault after a judge told him he had ‘no case to answer’.
Haye, 41, was accused of grabbing a member of the audience at a comedy show by the throat and warning: ‘Say one more word and I’ll kill you’.
Complainant Nickesh Jhala, who went to see Paul Chowdhry’s show at the Hammersmith Apollo with his girlfriend, said he was left ‘petrified and traumatised,’ at Westminster Magistrates’ court today.
But the case was later thrown out against the former world heavyweight boxing champion after his barrister James Scobie successfully argued there was no case to answer.
Haye said outside court: ‘I’m very happy, very pleased, I’m just thankful that venues have CCTV, as we had four witnesses saying things that weren’t shown on CCTV because if not, I would have been convicted of strangling someone, and that didn’t happen.
Boxing legend David Haye, 41, always denied attacking a man called Nickesh Jhala last year
David Haye V Audley Harrison, at Best of Enemies MEN Arena at the height of his career
He pleaded not guilty to assault on October 30 at the Hammersmith Apollo in west London
‘Obviously when something is out of your hands it’s the court’s decision on what they see, for all they know they could have listened to the witnesses and take the victim’s word on it
‘I’m glad I don’t have to come back tomorrow
‘James made sure the court heard exactly what happened and I’m all upward, I move forward, now park this, and hope not to come back to court again.’
Prosecutor Johnathan Bryan had alleged Haye was approached by a number of people who wanted to talk to him.
Mr Jhala’s cousin was a former boxer but Haye did not want to talk to him so returned to his seat.
It was alleged he then went over to the complainant.
The former heavyweight champion, 41, was charged with assault after an alleged incident at the Hammersmith Apollo on October 30 2021
David Haye arrives at Westminster Magistrates’ Court in London charged with assault, which he denied and was cleared of this afternoon
Chris Robshaw and David Haye celebrate the publication of Sir Elton’s autobiography ‘Me’ in conversation with David Walliams at the Eventim Apollo, Hammersmith, on November 19, 2019
Chief Magistrate Paul Goldspring said: ‘Mr Scobie makes the application in this case that there is no case to answer.
‘In cases where there is some evidence in the court of a tenuous or inconsistent nature, in those circumstances the judge has to consider whether the evidence, taken in its highest, properly directed, could not properly convict a defendant.
‘If yes, the case must stop. If not broadly speaking the case should proceed. The defence submission is that the evidence proving an assault is so tenuous or inconsistent that this court properly directing itself could not convict.
‘The evidence is such that we could not make a finding that we are sure there was unlawful application of force on another. Not every touching of everybody on somebody is unlawful.
‘We have had the benefit of watching the CCTV. The CCTV is a real time recording of what happened it may not be very clear, it may not be exactly what happened.
‘The evidence cannot in law make us sure that the contact Mr Haye did make was anything more than getting the attention of the appellant.
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