Husband, 40, and wife, 42, filmed smashing through glass doors at four-star hotel ‘after their drinks were spiked at Wetherspoons’ are cleared of criminal damage and assault as case collapses due to CPS ‘failings’
- Couple Emma and James Sweeney were accused of criminal damage and assault
- Charges related to incident filmed at four-star Birmingham hotel last September
- But judge threw the case out after prosecutor failings led to ‘inadequate’ delays
A married couple accused of causing more than £2,000 worth of damage at a luxury hotel have been cleared after their case collapsed due to failings by the Crown Prosecution Service, a court heard.
Emma Sweeney, 42, and James Sweeney, 40, claimed they had been ‘spiked’ after drinking at a Wetherspoon’s pub prior to the incident at the Hyatt Regency on September 8 last year, footage of which was widely shared at the time.
They were charged with assault and criminal damage while Emma faced an additional allegation of sexual assault, all of which were denied by the couple.
But a judge has thrown the case out over a failure by prosecutors to hand over evidence used as part of the police investigation.
The court heard evidence that was not handed over to the defence included mobile phone footage of the incident shown during their police interviews and a statement from one of the investigating officers.
The judge was told the case was hit with a number of delays and setbacks which meant it has now been almost a year since the incident took place.
One of the setbacks was prompted by the couple’s attempts to seek an ‘out of court disposal’ by offering to pay compensation and accept conditional cautions.
Video from the incident showed Mr Sweeney soaked in blood and surrounded by shattered glass at the four-star Hyatt Regency Hotel in Birmingham at about 11.30pm.
Married couple Emma and James Sweeney accused of causing more than £2,000 worth of damage at a luxury Birmingham hotel have been cleared over failings by crown prosecutors
A woman believed to be Mrs Sweeney can be heard screaming ‘oh yeah, oh f***ing yeah’ while her husband, who was wearing shorts and a t-shirt, stumbles to his feet.
One staff member warned colleagues ‘he’s going to try and kick the door again’ while another said ‘these are stronger doors’ before Mr Sweeney plunged his foot through the glass.
Staff at the hotel – which has been used as a base for the Prime Minister during Tory party conferences – can be seen stood in shock as the door shattered by the force of the kicks.
A Broad Street warden and another security guard then wrestle the man to the floor while someone cried out: ‘Where are the police?’
Meanwhile, a woman believed to be Mrs Sweeney screamed in the background as she was pinned to the ground outside the hotel.
As the man was held to the floor he manically yelled for help. He added: ‘Get off me, it’s hurting me, help me, help, you b*****ds, someone help me.’
The man police say is Mr Sweeney was filmed kicking through the glass door of the hotel
Footage filmed last September at 11.30pm showed a woman screaming ‘oh yeah’ while a man police say is Mr Sweeney kicked his way through thick glass to get inside the four-star hotel
Two police officers then arrived and asked ‘he’s smashed all this?’
A hotel worker replied: ‘Yeah, he has.’
The couple were arrested and subsequently charged with a string of offences which they denied, claiming they had been spiked while out drinking.
While the full the facts of the case were never fully opened, the charges stated £2,160 worth of damage was caused to two glass doors.
The case completely collapsed as it was set for trial on Tuesday, August 30, due to ‘failings’ from the CPS, which had rejected the pair’s requests to settle the matter out of court and decided to pursue the charges.
The public agency had not properly disclosed all of the material to the defence in time and offered no evidence in the case after the judge rejected their application to adjourn the matter further.
Staff at the hotel (pictured) – which has been used as a base for the Prime Minister during Tory party conferences – were in shock as the glass was shattered by the force of the man’s kicks
The couple, from Erdington, were subsequently acquitted of the allegations and appeared emotional as they left Birmingham Crown Court.
Sara Wyeth, representing Emma Sweeney, stated the defendants had denied the allegations on the grounds of ‘excessive force and involuntarily intoxication’, confirming the latter referred to their belief they had their drinks spiked at a JD Wetherspoon pub beforehand.
She argued the CPS had not complied with a court order made just last week in relation to the disclosure of evidence.
One of the major sticking points was an outstanding statement from a police officer who had not provided it because they were on annual leave.
Another issue related to missing mobile phone footage of the incident which Emma Sweeney claimed she was shown in her police interview.
Ms Wyeth said: ‘The disclosure in this case has been inadequate. The process by which we have come to court and the treatment of the disclosure process has been inadequate.
‘We are about to reach a year and the prosecution hasn’t dealt with serving its case.
‘We are in the invidious position where my client is of good character, facing serious allegations. Material has not been served. We are a year down the line and she is privately paying for the pleasure.’
The arguments were echoed on behalf of James Sweeney by his solicitor.
Prosecutor Mouzam Razaq stated an initial delay in the case between the date of the incident and March this year was down to an ‘out of court disposal being considered’.
He said: ‘As far as the police and prosecution are concerned in respect of almost every charge there are differing views and have been from the outset of the case since the police were dealing with it.’
Arguing for the case to be adjourned further Mr Razaq pointed to the ‘notoriety’ of the incident which was reported by Birmingham Live at the time.
He said: ‘The location where the offences took place is important. It’s the city centre, a well-known destination.
‘The incident itself involving James and Emma Sweeney attracted attention from a large number of members of the public and also the local press.
‘It is going to affect confidence not just for those who work at the establishment but for those who visit the establishment and those who have a job securing this establishment.’
District Judge Michelle Smith acknowledged the allegations were serious but concluded there was ‘no explanation for the prosecution failings’ and ruled that it would not be ‘in the interest of justice’ to adjourn the case.
She confirmed all charges against the defendants were dismissed.
The defendants’ representatives confirmed they would be making an application for costs against the CPS.
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