A JUDGE said he felt a 'large degree of unease' about clearing a 39-year-old man of assaulting his ex-wife and a nine year old girl.

Michael Berwick of Worcester Parade, Gloucester, had been convicted by magistrates of twice assaulting his former wife Jane Allen at her Cirencester home causing her actual bodily harm.

He had also been convicted of assaulting the nine year old girl causing her actual bodily harm during one of the incidents.

On Friday Mr Berwick appealed to Gloucester crown court against his conviction and was successful after his alleged victims refused to give evidence.

Prosecutor Fiona Elder said "The Crown are in a situation where we have to offer no evidence. Our two alleged victims are here but they are refusing to give evidence.

“Unfortunately my powers of persuasion have failed.”

She said the alleged offences happened last October when Mr Berwick was still living in his ex-wife's home despite them having divorced.

Mr Berwick allegedly slapped his ex-wife on each cheek after an argument about taking a child to school, said the prosecutor.

About a week later he allegedly pushed and prodded the girl, then aged eight, and whipped her with a Babygro before throwing something at his ex-wife.

"He is said to have then left the house punching the light switch and breaking it," said the prosecutor.

"As far as I am aware Mr Berwick and his wife are still separated and not in a relationship. She says she has moved on with her life now and does not want to give evidence again and nor does the girl.

"We are therefore not in a position to resist the appeal against convictions."

The judge, Recorder Robert Linford, retired with the two JPs sitting with him on the appeal, to consider the Crown decision not to fight the case.

When he returned he said the court could have insisted on the appeal going ahead regardless of the prosecution view but had decided not to do so because there was a child involved.

“It would be wrong in the light of all we have been told to force a witness of that age to go into the witness box and testify," he said.

“Had this case solely involved the evidence of an adult our position would have been very different and regardless of the wishes of the witness we would have been likely to compel this appeal to proceed.

“However, we allow the appeal and we quash the convictions. The three of us leave this case with, frankly, a large degree of unease.”