Alibi brings trial to abrupt halt

Mark Tippett sentenced for breach but has assault charge dropped

A potential alibi brought an assault trial to an abrupt halt in provincial court.

The Crown chose to stay an assault charge against Mark Tippett recently in exchange for Tippett pleading guilty to breaching his probation by having contact with the alleged 19-year-old victim Jessica Lynn Mitchell.

Mitchell, two police officers, and Mitchell’s neighbour had already testified when Tippett’s lawyer raised a possible alibi by presenting evidence Tippett was at a nearby pharmacy around the time of the alleged assault.

During the short trial, Jessica Lynn Mitchell, 19, told the court she had an on again, off again relationship with Tippett.

She said Tippett became angry when he was at her apartment on Aug. 10.

She testified he smashed her television before repeatedly punching her and kicking her. She told the court Tippett then threw her down, causing her to strike her back on the metal frame of her bed.

“I knew he was just going to keep going at it,’’ she testified.

Mitchell said she fled her apartment and went to a neighbour’s apartment to call the police.

Const. Jason Pound of Charlottetown Police Services testified Mitchell’s apartment was in disarray when he and two other officers responded to a domestic dispute call. He testified Mitchell had a welt and bruise on the side of her face.

“She was shook up and very scared,’’ he told the court.

Tippett was not at the apartment when police arrived. His lawyer said a pharmacy could confirm Tippett was there receiving a methadone prescription around the time of the alleged assault.

With the Crown staying the assault charge, Tippett was willing to admit to being at Mitchell’s apartment on Aug. 10 and that a physical altercation lead to Mitchell’s injuries.

Chief Provincial Court Judge Nancy Orr sentenced Tippett to time served which was credited at 104 days.

She also ordered him to keep the peace and refrain from having any contact with Mitchell.

“The court needs to deliver a message to Mr. Tippett that he needs to leave Miss Mitchell alone,’’ said Orr.