Case unheard after 3 years, thrown out

A man facing three charges brought by Police three years ago walked from criminal court on Thursday with a clean slate.
He was discharged by JP Tangi Taoro without conviction on one charge and two charges were dismissed for want of prosecution.
The man had earlier pleaded guilty to a charge of assaulting his defacto partner and his lawyer Norman George was ready to proceed with a defended hearing on the remaining charges of theft and burglary.
However, Police prosecutor Inspector Patia told the court the Police were still not ready and sought a further adjournment to 28 February 2007.
He said the complainant was keen to proceed but was overseas.
George told the court that back on 3 August 2006 he recalled Chief JP Kenning commented that the case ought to be dismissed.
Kenning adjourned the case for two weeks but two weeks later the case was adjourned again to 22 November 2006. Before three JPs, Police said they were still not ready and the case was adjourned to 1 February 2007.
At that time Chief JP Kenning, said George, repeated his call that the case ought to be dismissed. At George’s request, the case was adjourned to 8 February 2007.
JP Taoro said that Chief JP Kenning had made no note on the file about dismissing the case.
George submitted that because of the length of time, the court dismiss the case for want of prosecution under s55(b) of the Criminal Procedures Act 1980-81. George said the delay was agonising, unfair and unjustified.
JP Taoro asked Patia if the Police could give a clear indication that the case would proceed if a further adjournment was allowed. Patia said he could not give that assurance. George submitted the court “Put the Police out of their misery.”
George submitted that while his client had already pleaded guilty to the assault charge, the defacto relationship had ceased three years ago. He sought a discharge without conviction on that charge.
JP Taoro did just that and dismissed the other two charges. George declined to ask for costs.

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