A police officer claimed to be "100 percent certain" she had witnessed a man breaching his criminal behaviour order, despite not actually having seen his face.
PC Ash Bates, of Kent Police, reported Blessed Banda for breaching the order after she claimed to have seen him walking with friend his Gbenga Olajide, when he was prohibited from doing so.
PC Bates told Maidstone Magistrates' Court that she was riding her scooter at around 6 pm on 5th October 2018 when she passed a group of three men, one of whom was white and the other two black.
"They were walking with one another laughing and seemed to be chatting", PC Bates said.
"I have had many interactions with the defendant for 18 months.
"I knew he was the subject of a criminal behaviour order and I reported it the next morning."
Under cross-examination the officer conceded that she had not seen the face of the man she identified as Banda, but she knew it was him because Maidstone is "predominantly white".
Asked how she could be sure it was him, PC Bates replied: "I'm 100 percent certain it was Blessed Banda and Gbenga Olajide together. It is a bit like Laurel and Hardy. One is rather large and the other is thin."
Jag Takk, defending Banda, submitted to the court halfway through the trial that the evidence given by PC Bates was vague and there should be no case to answer.
He said: "We can check how many black or coloured people there are (in Maidstone).
"There aren't that many but it doesn't mean if she sees two black men it is Blessed Banda and Gbenga Olajide."
Banda claimed he stopped seeing Gbenga early last year when their college courses finished. PC Bates may have seen him with one of his other black friends, so he said.
It would appear that the court was in agreement with Mr Takk, taking the unusual step of ruling that Banda had no case to answer and was therefore not guilty of the offence.
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