Accused served

Crown intends to prosecute assault charge

A North Sydney man was formally notified Wednesday of the Crown’s intent to pursue a prosecution on an assault charge that had been dismissed.

Jonas Lee McDonald, 28, of North Sydney was charged with assault causing bodily harm and had entered a not guilty plea. The offence is alleged to have occurred May 16, 2016, at a North Sydney residence.

The case was scheduled for trial Feb. 22 but the charge was dismissed when neither the complainant nor accused were present in the courtroom. Both parties were outside another courtroom inside the Sydney Justice Centre.

The Crown has again filed the charge in provincial court along with filing an appeal in Supreme Court.

“These are very unique circumstances in a very exceptional case,” said Kathryn Pentz, chief Crown attorney for Cape Breton.

Pentz said in provincial court, the Crown will argue the judge had no jurisdiction to dismiss the charge without the accused being present.

In Supreme Court, the argument turns on the fact the case was never adjudicated.

“To not allow a court of competent jurisdiction to hear this trial on its merits would amount to a miscarriage of justice,” states the Crown, in its application.

The case was to proceed this week in Supreme Court but the accused was not present. The court was told he had not been formally served notice of the Crown’s application. The accused was present Wednesday in provincial court.

The Supreme Court application is now to proceed April 10 while the case is to return to provincial court April 18 for a status update.