A SERVING police officer who derailed a trial by refusing to give evidence against his attacker, was told his actions have brought disrepute to the Hampshire Constabulary.

The Crown Prosecution Service (CPS) requested the case against an Isle of Wight man accused of assaulting an emergency worker, PC Godley, in September 2019, be discontinued, with no evidence offered and the judge enter a formal not guilty verdict.

Paul Fairley, prosecuting the case at the Isle of Wight Crown Court, argued the police officer booked a holiday to recover from the trauma of the incidents, in which he saw a colleague stabbed and that he was allegedly spat at, and had refused to change the dates to give evidence against the suspect in a trial.

At the Isle of Wight Crown Court last week, Recorder Paul Garlick initially refused the application, demanding a full explanation from the CPS.

He said: "Are the CPS seriously inviting the court to be manipulated by a police officer who prefers to go on holiday rather than pursuing the charge being brought against the defendant?

"This is an allegation of an assault on an emergency worker. The complainant is the officer, who now refuses to give evidence.

"That is just appalling — an abuse. This is just not good enough."

The following day, the judge was handed a letter from the CPS, in which the reviewing lawyer highlighted the perceived impact giving evidence would have on the officer's mental health.

Mr Fairley told the court that given the circumstances, the CPS did not wish to force the issue, as the decision thad been made by Craig Dibden, assistant chief constable for the Hampshire Constabulary.

Mr Fairley said: "It would be wrong for the court to issue a witness summons — potentially a warrant for the officer's arrest — in circumstances where it would be a detriment to the officer's mental health."

The judge countered by saying with no realistic prospect of the defence agreeing to the officer's evidence being read, unchallenged, PC Godley's attendance was required in the trial to give evidence.

However, Recorder Garlick reluctantly acceded to the application and entered a formal not guilty verdict — but not without blasting the CPS, the force and the officer.

In remarks directed at the chief constable and the chief prosecutor for the CPS, the judge said: "Literally months of notice had been given to PC Godley so he could rearrange his leave.

"Of course, when any police officer is assaulted when on duty, it is a traumatic experience.

"I do not, however, accept ACC Dibden has the necessary expertise to opine that honouring PC Godley's leave is important for his proposed post-traumatic health. It was not appropriate for him to express an opinion such as that.

"The court has been driven to one conclusion. The trial has been derailed.

"In my judgement, this case has been seriously mishandled by the CPS and by the Hampshire Constabulary.

"There has been an element of neglect of duty by PC Godfrey in refusing to attend to give evidence.

"I accept he may well have been traumatised, but police officers up and down the country may have to make alternative arrangements for their personal lives in order to carry out their duties — and give evidence before the court.

"I regret to say PC Godley has put his own interest before his duty as a serving police officer and the interests of criminal justice.

"The charge of assaulting an emergency worker was created precisely to protect such persons as PC Godley.

"However, PC Godley has decided he will carry out a course of conduct he must have known would derail this trial.

"That is conduct which has brought disrepute to the reputation of the Hampshire Constabulary."