THE case against a Worcester man accused of assault causing actual bodily harm has been dropped after a court heard that three witnesses had disappeared.
Recorder Roger Evans stayed the indictment and discharged 40-year-old Winston Shillingford, of Sidbury.
Mr Shillingford had pleaded not guilty at Worcester Crown Court to hitting John Stevens on the head with a piece of wood which had a nail embedded in it.
Stephen Thomas, prosecuting, said police had been unable to trace the complainant and two other witnesses.
The only witness available was a woman, who was driving past the incident in Lowesmoor, Worcester, in September, last year.
Philip Bradley, defending, submitted that it would be prejudicial if the case proceeded without the defence having a chance to cross-examine all the witnesses.
This was upheld by the recorder, who said there was little point in adjourning the case as it was unlikely that the missing witnesses would ever come forward.
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