Assault charge dismissed after witness and complainant unable to make hearing date

A defendant who appeared in the Nelson District Court today via video link from Auckland was enjoying morning tea when his case was heard. Photo / File / 123rf

A defendant who appeared in court to argue the dismissal of a charge against him could be seen cramming in some morning tea as his case was heard.

It has been almost two years since Aaron Alexander was accused of assault, and nearly a year since he entered a not guilty plea to the charge.

Today, the charge against him was dismissed after an articulate effort to represent himself via video link to the court from the dining room of his home in Auckland.

From his laptop, which was open to the court, he could be heard making a hot drink when his case was called in the Nelson District Court, leaving Judge Garry Barkle calling out, “Are you there Mr Alexander?”

As the hearing progressed, Alexander could be seen eating his morning tea.

Alexander pleaded not guilty in October 2022 to an allegedly minor, non-injury assault in a Nelson backpacker establishment, said to have occurred in October the year before.

Judge Barkle noted the considerable length of time it had taken for the charge to be laid.

A hearing was scheduled for March this year, which was then vacated because of an appeal by Alexander against a pre-trial ruling over a mode of evidence by the complainant.

A judge-alone trial was then set for August 7 this year.

In May this year, the police then filed a memorandum to vacate the hearing date because the complainant was going to be overseas until August 5, and for reasons not made clear, was not confident of making the August 7 date.

Judge Barkle said neither could the police elaborate further on why.

Police prosecution understood that the witness was also overseas and in a similar situation of not being sure of availability on the set date.

Alexander, who told the court today the matter had been dragging on too long, had filed two applications including that the charge be dismissed because of the delay in the matter being brought to trial.

He also asked that the witness’ evidence not be accepted, but Judge Barkle said it was unclear why.

The judge had intended to dismiss the application by police to vacate the August 7 date, noting it was important for the hearing to go ahead as soon as possible, and because of the impact of the delays on Alexander.

“I’m definitely keen for a resolution. I’m opposed to any further adjournment and in addition, it’s not clear why the complainant cannot be in court,” the judge said, before instructing the matter would go ahead on August 7.

But the police then sought an application to dismiss the charge, based on the difficulties expressed by the complainant and witness in attending the hearing.

It’s not the first time in recent months that a delay in the justice process has led to proceedings being wrapped up.

In September last year, a homeless man who lived on Mt Taranaki and who was accused of burning down a popular tramping hut had proceedings against him dropped after spending two years locked up without a trial.

Daniel Banks was charged with arson after the 16-bunk Lake Dive Hut on the mountain’s southern slopes was destroyed in a September 2020 fire, causing more than $400,000 in damage.

He has been remanded in custody since his arrest on October 2, 2020, and was then faced with delayed trial dates due to a number of delays and a limitation on court resources.

Judge Barkle turned to Alexander, dismissed the charge and told him it was now the end of the matter on the grounds presented to the court.

Tracy Neal is a Nelson-based Open Justice reporter at NZME. She was previously RNZ’s regional reporter in Nelson-Marlborough and covered general news, including court and local government for the Nelson Mail.