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A Restaurateur was left furious after a member of staff spent a night in police cells – despite colleagues insisting the arrest was a case of mistaken identity.

Bea Vo has made a formal complaint to the Met after her human resources assistant was held overnight.

Officers arrested psychology student Oliver Midgeley, who is black, after he tried to break up a fight involving three colleagues during a staff party at American diner Boondocks, in City Road, on Monday.

“I was furious at the time and I am furious now,” Mr Midgeley told the Tribune an hour after he had been released without charge the following day.

“I wanted to go ballistic but I knew I had to stay calm or it would have been worse. It was very unfair.”

Staff say a statement taken was taken from only one witness while another witness, who is black, was ignored – despite being first on the scene.

Accounts manager Sylvia Elad was finally allowed to give a statement on Tuesday, which prompted Mr Midgeley’s release.

“It’s absolutely absurd,” said Ms Vo, who also owns Stax Diner in Soho. She was not present at the party but was informed immediately.

A patrol car spotted the altercation late on Monday. British-American Mr Midgeley is the same height and build as one of the men involved in the fight, which started when three Czech employees who had been drinking before the party were asked to get some fresh air.

One man was arrested after spitting at a police officer, but two others hid in the basement before fleeing the scene in a taxi. Three employees have since been sacked by Ms Bo.

“I have never been in trouble with police,” Mr Midgeley said. “This could have been sorted out on the night. There was no need for me to be locked in a cell overnight.

“I am determined to get an apology. I do not want them to think this is OK.”

A Met police spokesman said: “A third-party complaint was subsequently made in relation to how officers dealt with the incident. The complaint has been passed to the Islington police complaints department.”

l Petr Prochazka, 24, of Tower Hamlets, was charged on Tuesday with affray and assault on a constable.

He was bailed to appear at Highbury Corner Magistrates’ Court on February 7.

Two 21-year-old men arrested on suspicion of affray were subsequently released without further action.