CROWN SEEKS NEW TRIAL
LOCAL
A new trial is being sought in a case that saw a charge being dismissed from a courtroom mixup.
A mix-up in courtrooms that resulted in a charge being dismissed has led the Public Prosecution Service to file an appeal requesting a new trial.
Prosecutor Mark Gouthro filed the appeal late Thursday and both Crown and defence are to appear in Supreme Court March 27 to set a date for an appeal hearing.
The case involves 28-year-old Jonas Lee McDonald of North Sydney who was charged with assault causing bodily harm that is alleged to have occurred May 16, 2016, at a residence in North Sydney.
The provincial court trial was scheduled for Feb. 22 but when the case was called and after Gouthro surveyed the courtroom finding no victim or accused, he requested the court dismiss the charge.
For the complainant, the dismissal cut like a knife as he wanted answers concerning why he was attacked on the doorstep of his own home.
“All we wanted was some answers,” said complainant Joe Yorke, in a prior interview with the Cape Breton Post.
On the night of the attack, Yorke said he opened his front door and, without warning, was slugged in the face by a male individual that he was not familiar with.
The single punch left Yorke with extensive facial injuries including a broken jaw and cheekbone.
The recovery process has cost Yorke and his partner, Diana Liosel, more than $12,000 and the pair wanted their day in court and were ready to testify.
However, the pair, along with the accused, were directed to the wrong courtroom. The parties were on the second floor of the Sydney Justice Centre but the hearing was on the first floor.
In his appeal, Gouthro cites several grounds for why the case should proceed.
He said the accused was not present when the dismissal was entered and a provincial court lacks the jurisdiction to dismiss such a case without the accused present.
Further, Gouthro states that both the accused and the complainant were directed to the wrong court.
“To not allow a court of competent jurisdiction to hear this trial on its merits would amount to a miscarriage of justice,” stated Gouthro, requesting the dismissal be set aside and a new trial ordered.