Three men, lined up to give evidence for the prosecution in a Folkestone stabbing case, discovered they had been charged with assault for stopping the man escaping the scene.

But a judge has heard that the decision to bring charges only happened after their alleged victim had admitted being the knifeman.

Lawyers for the three – one of whom had travelled from Canada for the trial – had planned to make legal arguments asking the judge to stop the case because the trial would be unfair.

Judge James O’Mahony then ordered Kent’s most senior lawyer to appear at Canterbury Crown Court to explain the delay in bringing charges.

But after two days of legal wrangling, the Crown Prosecution Service dramatically threw in the towel and dropped the case.

Prosecutor Kieran Brand told the judge: “The matter has now been reviewed at the highest level and I am formally instructed to offer no evidence.”

The judge had said during legal discussions: “However it might have been, we have three people who were prosecution witnesses.”

He said although it was “not explicit” they would have believed they would not face prosecution in detaining the knifeman, who ,in fact ,made no complaint to police about his treatment.

The judge added: “Then once the stabber pleads guilty, there is an about turn and they are not prosecution witnesses anymore but find themselves charged.

“There is a substantial delay in their being charged which resulted in one of the defendants having to come from Canada.”

Mr Brand said “a pragmatic” decision had been taken by the CPS to prevent further delays in the hearing and the judge added that the “integrity and probity” of CPS lawyers was not in question.

“The matter has now been reviewed at the highest level and I am formally instructed to offer no evidence" - prosecutor Kieran Brand

The incident in April happened during a brawl in Folkestone town centre when a man was stabbed in the leg.

The 20-year-old victim, from the Loughborough area, was later taken to William Harvey Hospital in Ashford.

Daniel Brown, 24, was detained at the scene near Rendezvous Street and was later jailed after admitting grievous bodily harm.

It was then that Phillip Berridge, 46, from Derby, Brian Downie, 44, from Coventry and Ryan Gowser, 32, from Ludlow in Shropshire found themselves charged with assaulting Brown.

But the judge recorded not guilty verdicts against the three and granted Mr Berridge his £1,224 costs and Mr Gower, £524. Mr Downie, who now lives in Canada, made no application for his costs.