Two men were acquitted of attacking twin German brothers last year in what was described as a ‘vicious kicking’.But the way in which the police conducted their investigation was severely criticised by the jury and Deputy Bailiff Michael Birt at the conclusion of the trial last night, and Mr Birt said that he would be writing to the Attorney-General about the matter.Shortly before 7 pm, the jury returned a verdict of not guilty against Billy Steel (18) and Ryan Powell (20) after a three-day trial.
They were each facing charges of committing a grave and criminal assault on Tobias and Christian Freudenburg (25) at the Weighbridge, and on the Esplanade, on 29 March.It was alleged the two men kicked the brothers during a fight on the Esplanade.During his evidence yesterday Det con Michael Holmes, who headed the investigation, admitted that the police did not hold an identification parade, did not send the defendants’ clothes away for forensic tests and the CCTV footage of the area was taped over after he said he could see nothing relevant on the recordings.After the verdict the foreman of the jury stood up and said the jury wished to make a statement.
Deputy Bailiff Michael Birt asked to read the statement first and then read it to the court himself.It said: ‘The jury were disappointed by the lack of adherence to accepted procedures with regard to evidence and identification procedure.’Powell had already admitted assaulting the two German brothers but denied committing a grave and criminal assault them.
He was remanded on bail and will be sentenced on 7 November.
