Tom Daley's husband will still face trial for throwing a drink over BBC ... trends now
Screenwriter Dustin Lance Black, 49, is charged with assaulting Ms Edwardes, 32, at a gay bar in Soho on 18 August last year.
Mr Black was out with Mr Daley, 28, in the Freedom bar when he allegedly twisted Ms Edwardes's wrist spilling a drink over her.
Ms Edwardes, who presents 'The Big Proud Party Agency' on BBC3, has accepted a caution for assault for punching Mr Black on the head after the drink was spilled.
Mr Black claims Ms Edwardes was shouting at him and being aggressive and he grabbed the drink in self defence.
Screenwriter Dustin Lance Black, 49, is charged with assaulting Terry Edwardes, 32, at gay bar Freedom in Soho on 18 August last year when he allegedly twisted her wrist and spilt her drink
Ms Edwardes, who presents 'The Big Proud Party Agency' on BBC3, has accepted a caution for assault for punching Black on the head after the drink was spilled
It was Mr Black who called police to claim Ms Edwardes had punched him.
Mr Black's lawyer applied for his trial not to go ahead due to abuse of process as police have lost the tapes of Ms Edwardes being interviewed for assault 'in the post'.
A statement from a member of bar staff was also lost.
Police body-worn footage showing Ms Edwardes' account at the scene is also not available as it was not saved by the officer within the required 28 day period.
The officer also did not write her witness statement about the event until a year after it happened.
District judge Louisa Ciecióra rejected the application and the trial will go ahead as planned on 8 November.
Mr Black appeared at Westminster Magistrates' Court via video link from his Los Angeles home, where it was 2am.
His lawyer told the court that he had sole responsibility for caring for the couple's two children in the home, Robbie, 5, and Phoenix who was born in March.
His lawyer Helena Duong told the court: 'The primary loss of evidence is the loss of the recording of the complainant's suspect interview which took place two or three weeks after the alleged assault.
Mr Black was out with Mr Daley, 28, at the time of the alleged assault. The couple are pictured at British Vogue and Tiffany & Co to celebrate Fashion and Film, Annabel's, in February
'It wasn't simply that it got lost as it was transported through the postal system but that