Luke Walker pub attack trial ends after 'Moonwalk' video
A man convicted of killing his girlfriend in Crete has been cleared of attacking a man in a pub after a witness was filmed doing a Michael Jackson 'moonwalk' while waiting to give evidence at his trial.
Luke Walker, who is appealing his conviction of killing his girlfriend Chelsea Hyndman in Crete, stood trial this week with friend Luke Seeley over the alleged incident at Tenth Lock pub in Brierley Hill.
But yesterday, on the third day of the trial, the case against the pair dramatically collapsed after a video of the witness doing the dance was spotted on Facebook.
The footage, which was filmed and uploaded by another waiting witness, showed the man wearing a glove from a toy box and holding his groin while doing the dance.
The Crown Prosecution Service said the witnesses' action undermined the case.
In court, no further evidence was offered and Judge John Warner directed not guilty verdicts from the jury.
Mr Warner told the witnesses: "You are liable to prosecution for a criminal offence or contempt of court.
"That decision has not yet been made but you will have to come back to the court. I would advise you to seek legal advice."
One of the witnesses said the film had been made because they were bored.
He said: "I filmed him as he did the Moondance.
"He was holding his groin and we were both laughing. There were 17 conversations about the film on Facebook.
"I did not know I was not allowed to do it. It was a joke."
The witness filmed dancing also said it had been joke.
Walker, aged 26, of Gayfield Avenue, and Seeley, 26, of Channon Drive, both Brierley Hill, had been accused of attacking an 18-year-old in the men's toilet of the pub on November 9 last year.
The jury heard from three prosecution witnesses, including the alleged victim on Monday.
He claimed he was set upon by the pair after walking into the pub toilets with two friends.
He was taken to hospital, where the jury heard he was treated for a gash to his forehead.
Both Seeley and Walker denied the charge, claiming they had been acting in self-defence.
But before evidence could be brought forward by the defence, the case was dropped and placed on file.
Walker is currently on bail after he was convicted of causing grievous bodily harm to 20-year-old Chelsea Hyndman, leading to her death in Crete four years ago.
He was sentenced to eight years in prison but the sentence was suspended pending the appeal.
An appeal hearing was expected this year, but his family believe it could next year until a date is set.
Walker described the decision to drop the case as a 'massive relief'.
He said: "Luke and I were innocent and the case has ended as it should have done with the right decision."
His father Patrick, who has sold the family home to raise enough money to pay for the £30,000 appeal, said: "It was a big relief for all of us, a big weight of our shoulders - it has caused us all considerable stress.
"In my opinion this case should never have got this far."
Mr Walker said his son, who works as an electrician for his firm Walker's Electrics, had invited him to the pub for a birthday drink on the night of the alleged attack.
Mr Walker said: "He very rarely goes out anymore, especially after this incident."
A spokesman from West Midlands Crown Prosecution Service said: "As a result of significant inconsistencies in the evidence given to the court by the three key witnesses at the trial of Luke Walker and Luke Seeley, combined with their conduct in the witness waiting room which gave the impression that they were not taking the trial process seriously, the prosecution team reviewed the case.
"The impact of their behaviour in the witness waiting room, was such that their reliability was undermined in a case where the accounts they gave had already been inconsistent. A decision was therefore made to drop the prosecution on the basis that there was now insufficient evidence for a realistic prospect of conviction."