A CLUB-GOER who bit off the tip of another man's nose has failed in an Appeal Court bid to clear his name.
James Isaac Madine, 25, attacked Michael Brayson, after Mr Brayson intervened in an argument at Masters Bar In Newcastle.
The tip of Mr Brayson's nose was never recovered, the court heard.
Lord Justice Henry told the court that the two were complete strangers and Mr Brayson - who required extensive plastic surgery - could not identify Madine later as his assailant.
But the February 1998 attack was caught on closed circuit television camera and Madine, of Tyne Gardens, CrookhIll, Ryton, Gateshead, was later recognised by a police officer.
Madine was jailed for five years after being convicted of causing grievous bodily harm with intent, at Newcastle Crown Court last December.
His lawyers said at the Appeal Court that the prosecution case was so weak that it should have been dismissed by Judge Gerard Harkins before it went before a jury.
His counsel, Ian Graham, said the CCTV video was of such poor quality that the police officer's identification evidence was valueless.
Dismissing the appeal, Lord Justice Henry, sitting with Mr Justice Owen and the Recorder of Liverpool, concluded: "We are quite satisfied that this was a firm and reliable basis for the recognition that the police officer said he could make".
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