Chris Brown is seeking to have his assault case dismissed due to “outrageous governmental misconduct.”

The 19-year-old singer was charged with assaulting Rihanna and making criminal threats following a pre-Grammy awards party on February 8. He pleaded not quilty to the charges on April 7.

Yesterday morning (April 29), the singer's lawyer Mark Geragos appeared at Los Angeles County Court where he asked again for the case to be dismissed on the grounds of the photograph of a 'beaten-up' Rihanna being leaked.

Leaving the courtroom, Geragos said: "Leaks can form the basis for a motion to dismiss the case in regard to outrageous governmental misconduct."

After Brown pleaded not guilty earlier this month, Rihanna's attorney, Donald Etra, told reporters the 'Umbrella' hitmaker "would be pleased if this was over quickly".

Brown is due back in court on May 28. If convicted, he could face five years in prison.

(by Scott Colothan)