A Lincoln man will appeal the decision of his case, which was thrown out by the court, after claiming he was assaulted and injured by a nightclub bouncer in Lincoln.
CCTV video footage released to The Lincolnite shows the moment Fabiano Sousa was pushed outside Moka on Silver Street, during its previous ownership, sending him flying to the ground and fracturing his skull.
Fabiano claimed he tried to get back into the club to get his coat and a bottle of vodka he had purchased earlier in the night, before being pushed by a bouncer.
He was later taken to hospital with a serious head injury after the incident on June 10, 2018.
The case went to court and initially a trial date was set for February 2020. The case has since been discontinued following a Crown Prosecution Service decision.
The outcome frustrated Fabiano, who recently submitted an appeal to the Victim Liaison Unit at East Midlands Crown Prosecution Service. His appeal has been acknowledged but, at the time of writing, he said he has not received a response.
Incident with bouncers
At closing time on June 10, 2018, Fabiano allegedly tried to leave with a bottle of vodka before being stopped by bouncers.
The bouncers claim that he left without it and they closed the door behind him, but that he continued to bang on it repeatedly. The four bouncers also alleged that he shouted various racist insults at one of them through the door, which Fabiano denied.
Fabiano said he had purchased the bottle and was checking whether he could take it with him. He also left his coat inside and said he was knocking on the door to get the bottle back.
He also voluntarily attended Lincoln Police station to be interviewed on January 30, 2019 on suspicion of Racially Aggravated Intentional Disorderly Conduct. Police decided to take no further action against him in the matter.
The Venue Manager at Moka confirmed the club was under different ownership when the incident happened. The Deltic Group owned the venue at the time and when The Lincolnite approached them for a statement they said as it is a matter for the courts they have no further comment to make.
Hospital consultant visit
Fabiano also saw Consultant Ear, Nose and Throat Surgeon Mr AP Connolly at Lincoln County Hospital and a letter was sent to his GP about it on January 8, 2019.
In a letter from the consultant it states that the forklift driver had a skull fracture and told him he was pushed over, and was on ITU (Intensive Treatment Unit) for five days.
The letter explained he has cervical spondylosis (age-related wear and tear affecting the spinal disks in your neck), as well as a type of whiplash injury.
He was referred for an MRI Scan, which the consultant was sure would be normal.
Police and court hearings
At the time the force said a 31-year-old man, who is now 32, was arrested and released under investigation.
A spokesperson for Lincolnshire Police has since said that the case has been discontinued following a CPS decision.
The accused pleaded not guilty to a charge of wounding/inflicting grievous bodily harm without intent during a hearing on October 3, 2019. Fabiano received a letter saying it was going to trial the week commencing February 17, 2020.
However, the defendant attended a further mention hearing on October 17, at which the prosecution offered no evidence and the case was closed.
Fabiano is unhappy with the outcome and recently submitted an appeal to the Victim Liaison Unit at East Midlands Crown Prosecution Service.
Prior to submitting the appeal he received a letter from them on October 16, 2019, which stated that the defendant would be formally found not guilty.
The letter explained: “This is because, after looking at the CCTV, unfortunately a jury would most likely see the use of only a little force on you. It is also clear that you were not going to go away.”
It was also decided that the push was “not seen as obviously harsh” and, “regrettably the outcome is inconsistent to the force used”.