A REVELLER accused of carrying out two assaults in a nightclub has been cleared after the prosecution case was blasted as 'a shambles'.

Andrew Bowater, 34, had been accused of affray and assault in Brannigans in Foregate Street, Chester.

But his barrister Andrew Jebb successfully applied at Chester Crown Court for the case to be thrown out for a number of 'significant' reasons.

He highlighted 'serious inconsistencies' in the prosecution's case which would have led to Bowater receiving an unfair trial. 'Their case is a shambles,' he said.

Bowater, who denied both charges, was in the club that night ­ January 12.

But Judge Stephen Clarke heard he did not know either victim and was falsely pointed out as their assailant.

'The first allegation is that he headbutted Lee Roberts to the face. That amounts to the affray charge.

'The Crown says he then threw a punch to Dave Catherall, causing an injury to his nose.

'When arrested, Bowater said he had nothing to do with these assaults and was outside at the time,' said Mr Jebb.

He claimed CCTV, which proves his client's innocence, had not been made available to him by the Crown Prosecution Service.

'The CPS says it does not cover the dancefloor, but we say it does and want to see it. The police officer investigating the case has now gone off for two months for stress and depression, and we needed to speak to him urgently.

'The second victim says he knows Bowater, but Bowater says he does not. We need to investigate that.

'And finally, and most crucially, Bowater was wearing a black shirt that night. Mr Catherall says his attacker was wearing a white shirt.

'Mr Catherall referred to a Stephen Harris, who was arrested by the police as a result. So why was Bowater then arrested?

'Therefore, it would not be possible for Bowater to receive a fair trial, and both charges should be stayed as an abuse of process,' added Mr Jebb.

Judge Clarke asked prosecutor Ben Collins why a ID parade, which he said was 'mandatory' in these cases, was not carried out. Mr Collins said: 'It is too late in the day for that now.'

Judge Clarke threw out the assault charge. Then Mr Collins decided not to proceed with the affray charge.

Bowater, of Stainton Grove, Connah's Quay, was told he could leave court a free man.