No evidence offered for retrial
A man jailed for six years and six months for allegedly attacking a man in a lane in the Isle of Man's capital has been released, after prosecutors offered no evidence for a retrial.
Forty-one-year-old Donovan Kitching was found guilty of wounding with intent to cause grievous bodily harm at trial in May 2024, and was sentenced in October the same year.
However, in September, Judge of Appeal Anthony Cross and Acting Deemster Simon Farrell found his conviction was unsafe, due to the credibility of the evidence provided by the victim, and quashed the conviction
A retrial was ordered, but the prosecution chose not to pursue it, offering no further evidence - and a 'not guilty' verdict was recorded.
Prosecutor Roger Kane told the court the victim was "no longer in support of prosecution".
The original conviction related to an incident on Cinder Path in Douglas on 19 August 2023, where it was alleged "an unidentified weapon" was swung at the victim's head, catching his hand as he held it up in defence.
The incident left the victim, who had been lured to the lane for what he thought was a drug deal, needing stitches to his ear and hand.
Kitching, who consistently denied any involvement in the attack, was accused of swinging the weapon.
He was charged alongside Michael Glover, who pleaded guilty to wounding with intent and was sentenced to 28 months in August 2024.
Representing himself at the hearing last year, Kitching was removed from the court after interrupting the proceedings on several occasions.
On Friday, he told the court: "I am innocent. I have been in prison for two years for something I didn't do."
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