Prosecutors in Sam Kerr racial abuse case granted second delay, struggling to find evidence

A UK court has granted prosecutors a second extension after they were unable to gather the evidence needed to cross-examine the Australian striker over alleged racial abuse.

The prosecutors pursuing Sam Kerr over alleged racial abuse have been granted a second extension to submit case papers after they were unable to gather enough evidence including CCTV footage needed to cross examine the Chelsea striker.

Barristers for the Crown Prosecution Service have now been granted until April 23 to lodge its case documents after they couldn’t obtain written statements and exhibits from the police in time in the case alleging the Australian captain racially harassed an officer when called to diffuse a row over a taxi fare in London.

Sam Kerr’s Kerr’s legal team is due to return to court on April 26. Picture: AFP

The CPS had put in place an action plan requesting exhibits including CCTV footage and statements from the police on February 19 and a follow up request on March 18 but lawyers have since told Kingston Crown Court “regrettably exhibits were not received by the CPS.”

Lawyers representing the police officer in the case were due to lodge the case documents on Tuesday after being granted an initial two day extension but on Thursday morning the judge agreed to their request for a further nine days.

The star striker is accused by PC Lovell of racially harassing him when he was called to intervene in the dispute over a fare outside Twickenham Police Station in South West London on January 30 last year.

Kerr, 30, who had been out with her fiancee Kristie Mewis in London at the time of the incident, was charged almost a year later with using insulting, threatening or abusive words that caused alarm or distress to the officer.

Last week Kerr’s legal team, led by senior UK criminal barrister Grace Forbes, filed its skeleton arguments with the court stating that she did not intend to racially abuse a police officer as well as arguments claiming abuse of process after it took the year for her to be charged.

Kingston Crown Court heard in March Kerr deny the charge with the judge Judith Elaine Coello saying she understood her defence would be a lack of intention to upset the police officer.

“I understand that the defence is that she didn’t intend to cause alarm, harassment or distress to the officer, [her behaviour] did not amount to it and it was not racially aggravated,” the judge asked Kerr’s barrister, Ms Forbes.

The case is due to return to court on April 26 when Kerr’s legal team will aim to have the charge dismissed by arguing an abuse of process by prosecutors.