TWO men accused ofattacking a man in a knife robbery in a Colchester car park have been acquitted following an unusual ruling by a judge.

Shaun Hogg, 33, of Alexandra Road, Colchester, and Paul Olney, 33 of Denham Close, Wivenhoe, were charged with wounding with intent and robbery in the town’s Leisure World car park on May 31.

They both denied the charges and their trial began last week.

On Friday, Recorder Kenneth Carr decided there wasn’t enough of a case to continue after hearing the Crown Prosecution Service’s evidence.

He directed an acquittal, and the defendants were released.

He said: “I have concerns that, as a matter of law, it shouldn’t continue. It is fairly unusual, but there are some cases where at the end of a prosecution case, the judge is asked a take a view.”

During the prosecution’s case, alleged victim Jake Thorpe, 34, gave evidence. He said the incident had been a random attack and he did not know the defendants.

But the defence suggested he was lying, and said he had been meeting the pair to deal drugs.

They presented phone records showing Mr Thorpe and Mr Hogg had made phone calls to the same person just minutes apart. Mr Thorpe denied these claims.

Recorder Carr said his decision was not a criticism of the Crown Prosecution Service.

He said: “The decision to press it was the right choice to make. The decision I made was based on the way evidence unfolded during the trial.”

He thanked the jury and highlighted how important their role had been, even though they did not deliberate the case and were directed to deliver a not guilty verdict.

No one from the Crown Prosecution Service was available to comment.