A JUDGE voiced his frustrations that the trial of a man accused of affray could not go ahead, and will now be delayed until 2022.
The case of Michael Rowley is the latest to suffer major delays as Worcester Crown Court continues to battle the huge backlog created by the coronavirus pandemic.
The trial of the 25-year-old was expected to get underway in court three on Wednesday morning, but at the start of the hearing John Brotherton, prosecuting, informed Judge James Burbridge key witnesses they required were not at court.
The prosecutor explained one was shielding due to her asthma and another had a medical issue that meant they were not fit to attend court to give evidence.
"They have an iPad, nothing more than that," the prosecutor said.
"That will not support a (video) link so we can't access them that way. Another has a funeral.
"My application has to be to adjourn."
Judge Burbridge then said: "We are not listing trials until March 2022.
"The collapse (of the roof) at Hereford means I have two trial courts. If you lose your trial spot, will the witnesses come in a year's time?"
Mr Brotherton replied before then there may be communication between defence and prosecution that could prevent a trial, adding "we will see".
The judge then said he had often heard that in court but it ended up there being "no communication until the morning of the trial", and further discussions between parties then wasted court time.
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The judge asked if there was another way forward that could progress the case, and prevent the likely two day trial being rescheduled until next year.
But Alison Downs, defending, said one route to prevent a trial would not be possible because: "On the case of the affray it has always been the case Mr Rowley says he didn't have any weapons."
The judge returned to the problems in scheduling trials, adding Worcester's position was not the same as in Birmingham which, he said, had the advantage of a Nightingale court that was helping to relieve the pressure there.
Asking the defendant to stand, the judge said: "Mr Rowley I'm very sorry that I can't conduct your trial today.
"The prosecution have not got their witnesses.
"You will have heard discussions why your trial can not take place until March (next year).
"I would hope there may be a way forward for a compromise here, but that is a matter for you and the prosecution.
"It (the trial) won't be in the near future."
The judge scheduled the trial of Rowley, of Dowles Road, Kidderminster, for March 28, 2022.
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