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Man cleared of sex assault charge after complainant fails to show

A defendant faced a sexual assault charge for several months before being acquitted when the complainant refused to turn up at court for the trial.

The 40-year-old man, from Pembroke, had been accused of using or threatening to use a knife during the alleged attack on the woman on May 4 last year. He denied the allegation.

Puisne Judge Carlisle Greaves ordered the jury to return a not guilty verdict after the woman told Police yesterday she would not be attending Supreme Court for "personal reasons".

Speaking after the brief court hearing, the defendant expressed his frustration that the matter had dragged on so long when he claimed he had no case to answer.

"I have had this hanging over me for months — I had to sign in with the Police three times a week," he said.

"She should have just come clean from the start. To come up here and be acquitted like this is a relief, but it has also been frustrating.

"I knew all along I would be acquitted, even if she had turned up at court and there had been a trial.

"Now I'm just glad it's all over and I can move on with the rest of my life."

The only witness called yesterday was Det. Con. Garic Swainson, the officer in charge of the investigation, who told the court he had made numerous attempts to telephone the complainant over the past few days.

He said he finally managed to speak to her at 11.10 a.m. yesterday — a few minutes before the trial began.

"She is intending not to be present," said Det. Con. Swainson. "She said she was under pressure. She said she wasn't coming for her own personal reasons."

Senior Crown counsel Paula Tyndale told the jury: "In view of the evidence given by the officer, I'm satisfied that the Crown is unable to proceed in the matter."

Directing the jury to return a not guilty verdict, Mr. Justice Greaves said: "The complainant is not coming for her own personal reasons. In a case such as this, it would be impossible to proceed."