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.
Screenshot from the CCTV at Moka 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.
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”.
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Lockdown restrictions will be partially lifted for Christmas, allowing up to three households to meet in an ‘exclusive bubble’.
The plans are yet to be officially confirmed by government, however, according to major outlets including BBC News and Sky News, it will mean that in the five day period between December 23-27:
Three households will be able to form an exclusive “bubble” and meet indoors
Travel restrictions will be also be lifted
Cabinet Office minister Michael Gove on Tuesday afternoon chaired a meeting with the first ministers of the devolved administrations in Scotland, Wales and Northern Ireland to agree the plans.
It is understood there will be some minor changes to the initial plans for each of the nations.
Travel restrictions are also set to be lifted during the same period and some overnight stays will be allowed.
In a briefing on Monday, Prime Minister Boris Johnson said: “I can’t say that Christmas will be normal this year, but in a period of adversity, time spent with loved ones is even more precious for people of all faiths and we all want some kind of Christmas — we need it.
“But what we don’t want is to throw caution to the winds and allow the virus to flare up again, forcing us all back into lockdown in January.
“This virus is not going to grant a Christmas truce. It doesn’t know Christmas and families will need to make a careful judgement about the risks.”
There have been 209 new coronavirus cases and 24 COVID-related deaths in Greater Lincolnshire on Tuesday.
The government’s COVID-19 dashboard recorded 118 new cases in Lincolnshire, 51 in North Lincolnshire and 40 in North East Lincolnshire.
It also registered 16 deaths in Lincolnshire, four in North Lincolnshire and four in North East Lincolnshire.
These figures include deaths both in and out of hospitals, as well as residents in hospitals outside the county.
NHS England reported nine local hospital deaths on Tuesday. Five were at United Lincolnshire Hospitals Trust and four were at Northern Lincolnshire and Goole NHS Foundation Trust. This takes the total number of hospital deaths in the county to 477.
On Tuesday, national cases increased by 11,299 to 1,538,794, while deaths rose by 608 to 55,838.
Lincolnshire COVID-19 deaths up to November 24.
Meanwhile, the number of coronavirus cases at the University of Lincoln has more than halved this week. It currently has 61 coronavirus cases — 58 students and three staff.
The man in charge of care homes in Lincolnshire said extra precautions are still needed for visitors, besides twice-weekly rapid testing, as Prime Minister Boris Johnson outlined in his winter plan on Monday.
In national news, new figures show weekly COVID-19 deaths in England and Wales are at the highest level since May.
The transport secretary announced that international visitors will be able to reduce their quarantine time by more than half from December 15, provided they purchase a COVID-19 test after five days.
Coronavirus data for Greater Lincolnshire for Tuesday, November 24
24,047 cases (up 209)
14,783 in Lincolnshire (up 118)
4,412 in North Lincolnshire (up 51)
4,852 in North East Lincolnshire (up 40)
745 deaths (up 24)
485 from Lincolnshire (up 16)
133 from North Lincolnshire (up four)
127 from North East Lincolnshire (up four)
of which 477 hospital deaths (up nine)
251 at United Lincolnshire Hospitals Trust (up five)
9 at Lincolnshire Community Health Service hospitals (no change)
1 at Lincolnshire Partnership Foundation Trust (no change)
216 in Northern Lincolnshire (NLAG) (up four)
1,538,794 UK cases, 55,838 deaths
DATA SOURCE — FIGURES CORRECT AT THE TIME OF the latest update. postcode data includes deaths not in healthcare facilities or in hospitals outside authority boundaries.
Geordie comedian Sarah Millican will perform at four Lincolnshire venues next year as part of her new UK tour Bobby Dazzler.
Sarah, who is married to fellow comedian Gary Delaney and has appeared on various TV panel shows, will visit Lincoln, Scunthorpe, Grimsby and Skegness between July and October 2021.
Tickets will be available for general sale from 10am on Friday, November 27 – see more details here.
However, anyone on Sarah’s mailing list will have access to book at 10am on Wednesday, November 26. The first 5,000 tickets that get sold to mailing list members will have no booking fee.
Tickets are priced at £27.50 before any venue charges. The booking fee will only be £1.50 per ticket.
Lincolnshire shows
The Baths Hall, Scunthorpe – July 16 and 17
Grimsby Auditorium – August 21
Embassy Theatre, Skegness – September 1
The Engine Shed, Lincoln – October 27 and 31
As well as the UK and Ireland leg of the tour, Sarah is working on booking some international dates in Europe, Australia, New Zealand and North America.
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