One of the men accused of assaulting Chris Whitty appeared for a court hearing in a dressing gown – because he has Covid-19.

Jonathan Chew, 24, and estate agent Lewis Hughes, 23, filmed themselves approaching England’s chief medical officer as he walked through St James’ Park on June 27.

Hughes, who lost his job as an estate agent after his employer saw the footage, admitted common assault in July and was handed an eight-week jail term suspended for two years.

Chew has denied common assault and obstructing police so was due to appear in court today for a trial hearing over video link.

But the coughing defendant, wearing little more than a bathrobe, was apparently too unwell to continue with the hearing.

Daniel O’Donoghue, prosecuting, questioned the veracity of the documents confirming his positive test results but the trial was postponed.

Before the hearing began this afternoon, Chew’s solicitor told the court he was withdrawing from the case because he is ‘professionally embarrassed’.

He told the court: ‘I am no longer able to continue to represent Mr Chew, I’m sorry to tell you, for professional reasons.’

Chew demanded the chief medical officer should be forced to attend court but was informed otherwise by Judge Goldspring.

The defendant said: ‘The law is that I have the right for him to come. I want Chris Whitty there.’

But the judge responded ‘I suspect I know a bit [more] about the law than you do’, explaining that Professor Whitty does not legally have to attend court as the facts have been agreed between the prosecution and defence, meaning there is no reason for the defence to cross-examine him.

Chew added: ‘I feel like I’m innocent. I’m answering an assault charge which I don’t think I’ve done.’

He asked the judged ‘are you saying corona is not real now?’ and ‘I feel like what you’re doing now is victimising me…you’re calling me a liar’.

Judge Goldspring said: ‘Your cavalier approach to the severity of these proceedings is breath-taking.’

Chew interjected: ‘What does cavalier mean.’

The judge said he was ‘entirely satisfied that you’re not so unwell that you can’t participate in your trial’ but the hearing had to be vacated until January 4, 2022 because he was unable to see the CCTV evidence via the video link.

Chew, of Chelmsford, Essex, has been tasked with finding new legal representation before then and he must appear in person.

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