Two men accused of inflicting serious head injuries on a man during an incident at a property in Boston were today (Thursday) cleared after the alleged victim failed to turn up at court to give evidence.
Steven Murphy and a 17-year-old youth , who cannot be named for legal reasons, were originally due to stand trial yesterday in front of a jury at Lincoln Crown Court but the case was adjourned due to the absence of the complainant Daniel Newark who was to have been the main prosecution witness.
Recorder Stuart Sprawson issued a witness summons ordering Mr Newark to appear this morning but the court was told that despite extensive police inquiries officers were still unable to trace him.
As a result the prosecutor offered no evidence against both Murphy and the 17 year old and they were each formally cleared by Recorder Sprawson.
Tony Stanford, prosecuting, in announcing the decision not to continue with the case, told the court: “Attempts have been made to locate Mr Newark so that the summons could be served on him. These have been unsuccessful.
“A number of addresses have been checked and two mobile phone numbers have been called.
“It seems as though he is deliberately avoiding the police and deliberately staying out of the way. There is no indication he is doing this out of threats or because he is in fear. The Crown take the view that it would not be in the interests of justice to adjourn this case any further so we are offering no evidence.”
Steven Murphy, 29, of Broadfield Lane, Boston, and the 17-year-old has each denied aggravated burglary on 10 September 2015 at a property in Tower Road, Boston. The charge alleged that they each inflicted grievous bodily harm to Daniel Newark and at the time of doing so had with them a bladed article and a lock.