GT Stewart represented an ex-soldier at trial following a brawl in North Macedonia which involved soldiers and civilians. Our client was acquitted of assault occasioning actual bodily harm and battery by a Service Board following a four-day trial at Catterick Military Court. Our client was represented at the Court Martial by Ronnie Manek, an in-house barrister. The case was prepared by Kevin Williams, a senior caseworker in our Bromley office and Ed Youlton, a solicitor advocate in our Leeds office.
Our client was initially charged with a criminal offence under section 42 of the Armed Forces Act 2006, namely assault occasioning actual bodily harm contrary to section 47 of the Offences Against the Person Act 1861. The circumstances were that our client, at the time a soldier, was with a group of soldiers at a bar in North Macedonia. They became involved in a brawl with civilians during which force was used by all parties. Two other soldiers were also charged with offences arising from this incident.
The Prosecution relied upon CCTV which captured the incident, along with a civilian witness. Following the conclusion of the Prosecution case, Ronnie Manek made a submission of no case to answer. The Judge then directed the board to acquit our client of assault occasioning actual bodily harm.
The Prosecution then laid a further charge of battery contrary to section 39 of the Criminal Justice Act 1988. Our client gave evidence to the effect that he was acting to defend his fellow soldiers who were being attacked and that he was using reasonable force to diffuse the situation.
Having heard all of the evidence during a four-day trial, the board acquitted our client of battery.