Man accused of assaulting Chris Whitty demands chief medic appears at his trial

Trial vacated until January after judge suggests proceedings became ‘a bit of a farce’

A man accused of assaulting Professor Chris Whitty in a London park demanded that England’s chief medical officer should appear at his trial.

Jonathan Chew, 24, made the claim while attending Westminster Magistrates’ Court by videolink from his bedroom and wearing a dressing gown, after saying he had tested positive for coronavirus.

He and Lewis Hughes, 23, filmed themselves accosting Professor Whitty and demanding a selfie as he walked through St James’ Park on 27 June.

Hughes lost his job as an estate agent and was given a suspended sentence of eight weeks in prison after admitting common assault in July.

Mr Chew, who denies common assault and obstructing police after allegedly giving his brother’s name to officers, attended a court hearing on Tuesday.

But the trial had to be postponed until 4 January after Mr Chew was unable to see evidence via the videolink, with Judge Paul Goldspring saying: “There does come a point, whether or not Mr Chew can or can’t see [the footage], that the proceedings become a bit of a farce.”

Ahead of the hearing, Mr Chew’s lawyer Peter Fallen told the court he was withdrawing from the case because he was “professionally embarrassed,” but Judge Goldspring initially allowed the trial to continue after Mr Chew said he was happy to proceed without representation.

The judge had said to Mr Chew: “You would probably like to be represented at your trial”, to which the defendant responded: “It’s a tricky question, that one.”

He added: “Me, Mr Jonathan Chew, doesn’t want to be represented.”

Mr Chew, of Parkland Way in Chelmsford, became increasingly exasperated during the hearing, and insisted that Professor Whitty should be at court, saying: “The law is that I have the right for him to come ... I want Chris Whitty there.”

Judge Goldspring explained that Professor Whitty does not legally have to attend court as the facts have been agreed between the prosecution and defence, meaning there is no reason for the defence to cross-examine him.

“I suspect I know a bit about the law than you do,” the judge said.

The judge added that it was not practical to have Professor Whitty in court due to the current national crisis sparked by the emergence of the Omicron coronavirus variant.

Mr Chew tested positive for coronavirus five days before Tuesday’s hearing, Mr Fallen said, adding: “I’m not sure if it was a PCR test or a fuller test than that. We were issued with two NHS logo documents.”

But Daniel O’Donoghue, prosecuting, questioned the veracity of the document and said that the police have been attempting to make enquiries but the NHS refused to share confidential information with them.

When police went to his address to see if he was isolating, his brother’s girlfriend answered the door and said he was not living there and she was not aware that he had coronavirus, the court heard. “It does appear he’s in breach of bail conditions,” Mr O’Donoghue said.

Mr Chew, who at one point could be seen leaving the room in his dressing gown, told the court on Tuesday: “I actually have got corona. I’m ill. Very ill ... I’m hot and sweating. I’m delirious”, adding: “You're the judge, not me.”

“That's very kind of you to say, Mr Chew,” Judge Goldspring said, to which Mr Chew replied: “Thank you.”

He became increasingly agitated, at one point accusing the judge of not listening to him and calling him “a liar.”

Judge Goldspring said: “Your cavalier approach to the severity of these proceedings is breath-taking”, prompting Mr Chew to interject: “What does cavalier mean?”

“Let me finish,” said Judge Goldspring. “I’m entirely satisfied that you’re not so unwell that you can’t participate in your trial.”

However, Mr Chew was later unable to see CCTV footage of the alleged assault which the prosecution wished to present over videolink, despite attempts by Mr O’Donoghue to stand on a chair holding his laptop up to the camera.

Judge Goldspring, who rose for 10 minutes while court staff attempted to show Mr Chew the footage, said: “The reality is I don’t think we can properly have a trial in the practical circumstances we now have.”

Mr Chew was tasked with finding himself new legal representation ahead of the rescheduled hearing at Westminster Magistrate’s Court, which he was told he must attend in person.

“You should get legal advice and you should secure representation but let me make it clear to you that if you haven’t I’m afraid it’ll be tough because you’ve got plenty of time to do so,” the judge said.