A former boyfriend of Gemma Collins who was accused by the TOWIE star of beating her 'within an inch' of her life has been cleared of assaulting another woman after she failed to give evidence against him.
Alex Moss, 44, was due to stand trial after denying charges of assault causing actual bodily harm and assault by beating of Melanie Westbury when she was his partner last December.
A judge recorded not guilty verdicts on the two charges after the prosecution said it was unable to proceed with the case due to Miss Westbury and another witness not attending the trial at Chelmsford Crown Court, Essex.
Convicted drug dealer Moss was jailed for six months after he admitted breaching a restraining order banning him from having contact with Miss Westbury.
Despite him having been jailed for an earlier assault causing her grievous bodily harm, he walked free from the court, due to him having served five months on remand in custody following the latest alleged attack on her.
Gemma, 44, first dated Moss in her 20s before he was jailed for five and a half years in 2012 for conspiring to supply cocaine, but reportedly re-kindled her romance with him after his release from prison.
She wrote about him in April 2014, describing him as 'a bit of a gangster but with a big heart' in her autobiography, 'Basically...: My Life as a Real Essex Girl'.
But she claimed that Moss violently attacked her in her Essex home just an hour before a taxi was due to pick her up so she could fly to Australia to appear on I'm A Celebrity Get Me Out of Here! in November 2014.
A former boyfriend of Gemma Collins who was accused by the TOWIE star of beating her 'within an inch' of her life has been cleared of assaulting another woman
Alex Moss, 44, was due to stand trial after denying charges of assault causing actual bodily harm and assault by beating of Melanie Westbury when she was his partner last December (pictured)
Moss was jailed for 21 months at Chelmsford Crown Court in February 2019 for assaulting Miss Westbury, causing her grievous bodily harm
She famously quit the show after just 72 hours as she struggled to cope with jungle life, and faced relentless ridicule for shedding tears over the prospect of jumping from a helicopter and the lack of tasty treats on offer.
Gemma later blamed her premature exit on the stress of dealing with the alleged attack in her Essex home which she said left her covered in bruises.
She claimed that show bosses initially tried to stop her appearing after learning of her allegations, but she insisted on going ahead because she did not want to miss out on the 'massive opportunity'.
Moss was arrested after the alleged assault, but Gemma decided not to press charges, later claiming that she did so because she was 'too scared to see it through' and go to court.
She told the Mirror in 2017 of the attack by Moss, saying: 'I was really severely beaten up by my partner the night before I went into the jungle, and not many people know.
'My partner Alex beat me to within an inch of my life, and when I went in there, I was really badly beaten from my neck down.'
To corroborate her claims, she released shocking images of her bruises which she had quietly kept hold of for three years before deciding to break her silence.
Speaking of the public humiliation, she suffered after quitting the show, she added: 'I had to take all the abuse and the stick that went with it for so long after.
'Now when it comes on, I dread it. I feel like that opportunity was taken away from me through no fault of my own. He was a ba***rd really.'
Moss was jailed for 21 months at Chelmsford Crown Court in February 2019 for assaulting Miss Westbury, causing her grievous bodily harm.
The court heard how the couple had argued in October 2018, with him telling her: 'When I come back, I am going to absolutely do you. I have got nothing to lose.'
Another row started the following day, and Miss Westbury went to get her phone, but was punched in the face by Moss, causing her nose to bleed, before she called police while screaming in pain, the court heard.
Moss allegedly kicked her and fractured her arm, before he told her: 'This is nothing, I'm going to f*** you up. I will kill you.'
Miss Westbury who also suffered bruising and redness to her body in the 'sustained' assault escaped through a bedroom window of the ground floor flat, and called police again the court heard.
Moss from Chelmsford was arrested, but made no comment in a police interview.
His defence lawyer said he denied making threats, stamping, kicking in the ribs or punching her in the face, but accepted trying to kick her phone out of her hand and hitting her arm by mistake.
Gemma, 44, first dated Moss in her 20s before he was jailed for five and a half years in 2012 for conspiring to supply cocaine, but reportedly re-kindled her romance with him after his release from prison.
Gemma claimed Moss violently attacked her just an hour before a taxi was due to pick her up so she could fly to Australia to appear on I'm A Celebrity Get Me Out of Here! in November 2014 (pictured on the show)
Despite being given a restraining order banning him from any contact with her, police received information that Moss had contacted her from prison and manipulated her into visiting him.
Officers secured damning evidence that showed he had been in regular contact with her, and he was arrested in September 2019. He admitted breaching the restraining order and was jailed for six weeks the following month.
Chelmsford Crown Court heard on Wednesday this week how Moss broke the order again by making contact with Miss Westbury once more following his release from custody over another matter in July last year.
Prosecutor Kemi Fapohunda said: 'On being released from custody, he made contact with her and spoke to her in breach of the restraining order. He said he had changed and was in a better place, and was no longer on drugs.
'As a result, Miss Westbury thought their relationship could work. She met him the next day, and he came back to stay at her address.'
Miss Westbury claimed that they had argued again after just three days, but she permitted him to stay until the alleged assault happened in December, said Ms Faphunda. A witness also saw them together at a gym in breach of the restraining order.
The court heard how Miss Westbury and her neighbour had been due to be witnesses at the trial of Moss on the latest two assault charges which was due to start on Wednesday.
Both women were seen in the court building, but they left after apparently stating they had 'child care difficulties'.
The prosecutor added that she and the police officer in the case had tried to call Miss Westbury around 30 times, and the officer had left messages for her, but she had not responded.
She added that other officers had also visited her home, but were unable to find her, before adding: 'It is unclear why the witness is not engaging.'
The other witness was finally contacted, but said she was not returning to court due to the 'stress' of the hearing and issues with her diabetes.
Recorder Karl King said he was not adjourning the case again, and Ms Fapohunda responded that she was 'unable to proceed' with the prosecution, leading him to record not guilty verdicts.
Ellen Crow, defending Moss, said he had admitted the restraining order breach on December 5 last year, and had been remanded in custody ever since which could be 'seen as sufficient punishment'.
She added: 'Mr Moss tells me that he is a person who perhaps has to make a mistake once or twice before he learns.'
Ms Crow insisted that he had behaved well in prison, acting as a listener for the Samaritans and working in the healthcare wing with vulnerable prisoners.
Recorder King told Moss that the restraining order had been broken as the victim had invited him to her home and he had 'resided there for a time' in 'a deliberate breach' when he would have known it was not allowed.
He added: 'There was a domestic context which applies in this case and you took a conscious decision to breach the order.'
Recorder King said Moss' criminal record was an aggravating feature, but he accepted that his act of staying with Miss Westbury had caused her 'little in the way of harm or distress'
But he went on: 'It is clear that something may have gone on at Miss Westbury's home that caused her to make the complaint to police. She has not come to court, but you should be mindful therefore of what could occur if you breach the order.'
Recorder King also made a new five year restraining order, banning Moss from contacting her directly or indirectly or going to any address where she was residing or present. He also ordered him to pay a surcharge of £154.
