Stag party pair cleared of assault must return to Latvia for retrial

TWO Derby men cleared in a Latvian court of attacking a police officer have been told they will have to go back to the country to stand trial again.

Last month, Matthew Neale and David Birkinshaw were acquitted of a stag weekend attack on the officer.

But both men were told yesterday that prosecution solicitors have appealed against the decision of the court and that they will have to return to Latvia early next year.

They have been told the whole case will be run through again, and all the evidence re-heard, before a judge will take a decision on whether to allow the appeal.

Between them, they have already spent around £13,000 each in legal fees and will now face even further costs because of the appeal.

Mr Neale, 35, of Stonebroom Walk, Shelton Lock, said: "We should not have to go back over there. I can't see how we can be found innocent and then have to go back to do it all again.

"We thought it was all over and done with but now it is going to be hanging over our heads until next year."

His fiancee, Charelle Neale, who went out to Latvia to support Mr Neale, along with Mr Birkinshaw's fiancee Rachel Gee, said last night: "I am absolutely devastated – we are coming up to Christmas and we barely have enough money to keep the house going as it is."

As the court case hung over their heads, both couples had to cancel their impending marriages – now, they have to think once again whether to go through with the ceremonies.

Mr Neale and Mr Birkinshaw were arrested in June last year. They were in the country to celebrate the impending wedding of Lee Graves, son of Alvaston ward councillor Alan Graves.

A European Arrest Warrant was issued for their detention earlier this year, and the pair spent more than 10 weeks incarcerated in Riga's tough Central Prison awaiting trial.

At their first appearance at Riga's Central District Court last month, Municipal Police promotion officer Juris Circens said he was butted, kicked and punched five times outside the capital's Black Cat Bar.

CCTV footage played in court showed Mr Circens holding Mr Neale and pulling him to the floor, but it did not show anyone hitting the officer.

Mr Birkinshaw, 33, of Brackens Avenue, Alvaston, was seen on CCTV footage leaving the bar. He was arrested afterwards by Mr Circens.

In the hearing, when asked why he had no bruising after being allegedly assaulted by the two men, Mr Circens said it was because he used to do boxing.

The court heard the officer was seeking £40,000 in loss of earnings and medical bills.

The judge cleared both men of any wrongdoing and the pair were each allowed to return to their families in Derby.

Mr Birkinshaw said: "It is about time someone from the Government did something about this. We have obeyed the law every step of the way."

He said he had just got back into the swing of things at home, and was enjoying being able to spend time with Rachel and their daughter Lola, two.

"Now we're going to have to go through everything again.

"It feels like we're back at the beginning."