Oscar-winning writer and director Dustin Lance Black was punched in the head by a BBC presenter after he is accused of spilling a drink over her in a Soho nightclub fracas, a court has heard.
The 49-year-old, who is married to Olympic diver Tom Daley, faces an allegation that he assaulted BBC Three presenter and party planner Teddy Edwardes at the Freedom nightclub in Soho on August 18 last year.
Outlining the case, prosecutor Adrita Ahmed told Westminster magistrates court: “Essentially it’s an altercation in a nightclub.
“The Crown’s case is the defendant grabbed Ms Edwardes’ wrist and twisted it, and the drink has gone over her.
“Ms Edwardes has retaliated”, she added, revealing that the TV presenter received a caution in February over the incident for “going too far in self-defence”.
Black, a US filmmaker with Oscar-winning screenplay Milk in his back catalogue, denies the common assault charge and intends to argue that he acted to defend himself.
He was supposed to stand trial on Tuesday, but the case was instead adjourned due to missing prosecution evidence. Black was seen wiping away tears in the dock as he was told there would be a further three-month delay.
“There is an acceptance of going for the glass”, said defence barrister Helena Duong.
“Mr Black describes Ms Edwardes effectively shouting at him and being aggressive.
“What the defence would say you can see on the CCTV is, immediately from the very beginning, Mr Black is trying to walk away.
“She turns to him and appears to reach out.
“There’s an exchange between them, in which she continues to be aggressive and shouting at him and he reacts to that.
“She makes a movement, gesticulating with her arms, which causes Mr Black to reach for the glass.”
The court heard Edwardes received a caution for pursuing Black after the drink had been spilled and punching him in the back of the head.
Before the trial, Ms Duong said Black will be applying for the case to be stopped by Chief Magistrate Paul Goldspring as an alleged abuse of process.
The court heard the tape of Edwardes’ police interview has been lost, and there is no transcript to show the questions she faced and her specific answers. A statement had also not been taken from the officer who conducted the interview.
The prosecution also refused to disclose Mr Daley’s statement to Black ‘s legal team, claiming it was irrelevant as he did not see the drink being spilled.
But Judge Goldspring - after watching the CCTV footage from within the club - ordered that Daley’s statement be released, saying the Olympian could give evidence on the build-up to the altercation, drinking that evening, and what had been said.
Daley can be clearly seen on the CCTV intervening in a 12.30am conversation between Black and Edwardes.
The judge also asked for the prosecution’s view of the public interest in the case against Black.
“The Crown says what occurred here is the defendant grabbed the wrist and twisted it - that’s what caused the drink to spill”, said Ms Ahmed.
Later the judge added: “Judges are reluctant to say what they think about the public interest. Probably my silence speaks volumes.”
Black married Olympic champion diver Daley in 2017, and the couple have two sons together.
He denies common assault.
Judge Goldspring told the court he considers the offence - if convicted - to be in the lowest level of seriousness, leading to a punishment of between a conditional discharge and a low-level community order.
He also commented on what he had seen in the CCTV footage.
“It doesn’t show anyone pouring a drink over anyone, it doesn’t show anyone grabing a drink and throwing it at the complaint”, he said.
He said it is “obvious” a statement should have been taken from the police officer who conducted Edwardes’ interview, as he agreed to adjourn the trial for further work from prosecutors.
Black now faces trial on November 8.
