AS Aidan Pole recovered from a frenzied and unprovoked daylight attack he consoled himself with the knowledge that his attacker would have been caught on camera.

The 24-year-old had been dragged to the ground and punched repeatedly in the head as he walked with his girlfriend in Low Ousegate, York.

But as the mystery attacker fled from the scene, he tripped and fell to the ground in front of dozens of shocked shoppers on nearby Ouse Bridge.

The man's steps could easily have been recorded by the nearby Bridge Street CCTV camera, but days later investigating officers told Mr Pole that it was out of action.

Today the Clifton video shop manager, who lives in Tanner Row, said the loss of potentially vital evidence was like "being mugged twice".

He said: "It was a massive disappointment when the police told me the CCTV wasn't working. It makes you wonder why you pay your council tax when nothing seems to work.

"If it had been an elderly woman it could have been much more serious. Even though there were witnesses, having the tape could have made a huge difference."

His girlfriend, Catherine Edge, a 23-year-old law student, said: "We feel more enraged by this lack of consideration for the safety of the people of York than the attack itself."

The attack occurred in a busy alleyway yards from where father-of-four Mick Brolly was kicked to death by a gang two years ago, and in an area notorious for late-night violence.

A spokeswoman for City of York Council, which manages the city centre's 57-camera CCTV system, said the camera was only out of action for a short period.

She said: "Unfortunately, the camera on Ouse Bridge was not working correctly over the Christmas period."

Speaking about the attack at lunchtime on New Year's Eve, Mr Pole said: "The man suddenly grabbed me around my neck and waist and pulled me to the ground. I went straight to the ground, then he started punching me. He didn't say anything. It was the strangest thing that has ever happened in my life.

"Catherine was shouting 'Help' and a woman came out of a shop. The attacker ran off. I suffered cuts and bruises to my head and Catherine hurt her hands as she tried to protect me. He just kept punching."

PC Hamish Halloway said officers were still investigating the attack and appealed for anyone who was in the Low Ousegate area to phone 0845 60 60 24 7.

He said the attacker was in his early 20s, 6ft tall, with short, blond hair. He wore a dark-blue hooded top and faded denim jeans with "dirty" cream trainers.

Updated: 10:54 Saturday, January 08, 2005