New trial in the works

Lack of notice to accused delays Crown application

A bid by the Public Prosecution Service to have a new trial on an assault charge against a North Sydney man was delayed Monday.

During an appearance in Supreme Court, prosecutor Steve Melnick said the accused had not yet been formally served with the Crown’s application.

As a result, Supreme Court Justice Robin Gogan adjourned the matter until April 10.

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 the charge was dismissed when prosecutor Mark Gouthro found no accused or victim in the courtroom.

A mix-up in courtrooms had both the accused and victim, Joe Yorke, sitting outside a courtroom on the second floor of the Sydney Justice Centre while the hearing was scheduled for a courtroom on the first floor.

While appreciative of the Crown’s effort to get the case back on track, Yorke said Monday he continues to grow a little frustrated.

“I guess now we’ll just have to wait to see what happens,” said Yorke, adding he wants the case to proceed.

Yorke was punched in the face in May 2016 when he opened the front door of his North Sydney home. He suffered extensive facial injuries including a broken jaw and cheek bone.

In the Crown application, Gouthro cites several grounds for why it 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, said Gouthro, both the accused and the victim 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.