A football brawler was discharged by a Magistrate this week because the prosecuting Crown counsel failed to bring the appropriate file to court, has learned.

Pembroke resident Wayne Wales, 23, walked free on Tuesday after he had admitted charges of possessing of an offensive weapon and being involved in a fray at Devonshire Recreation Club on October 29, 2002.

TV footage of the brawl showed gangs of fans chasing each other across the pitch wielding various weapons during a Martonmere Cup semi-final clash between Devonshire Colts and Devonshire Cougars.

At the time, one eyewitness said he saw a machete, a samurai sword and a baseball bat being used at different points during the brawl.

Jahkeil Samuels, 18, of Middle Road, Paget, denied identical charges when he appeared for mention on Tuesday and was set down for trial in Magistrates? Court on March 11. He is one of five men who will or have faced charges in connection with the fight.

But when Wales, of Princess Road, appeared to receive his sentence after pleading guilty, Acting Senior Magistrate Carlisle Greaves had no choice but to discharge him because Crown counsel Shade Subair had failed to bring the appropriate file.

Director of Public Prosecutions Kalundra Ratneser said he has asked for an investigation into the matter.

But he said: ?Files are just sometimes not there. It?s not the Police?s fault, it?s not this office?s fault. We?ve put checks and balances in place but things still manage to slip through. A number of times a file just doesn?t come back. We can?t cure it overnight. We try hard and the Police try hard.?

A Police spokesman declined to comment on the matter. However, understands several Police officers were angry at the fact that Wales had been let off without punishment.