A MAN accused of strangling his partner has had the case against him dismissed – after the prosecution failed to issue a summons in an ‘acceptable’ timeframe.

Craig Cook, 35, had denied charges of intentional strangulation and assaulting a person, causing them actual bodily harm.

The offences were alleged to have taken place in Cleator Moor on June 16.

A trial was due to take place at Workington Magistrates’ Court yesterday but the case was dismissed after magistrates refused the prosecution’s request for an adjournment to issue a summons to the alleged victim, who had not attended court.

George Shelley, prosecuting, said a police officer who was also required to give evidence in the case had become unwell with tonsilitis and had not attended court.

Mr Shelley said the defendant had been arrested and released on bail on June 17. He had then been charged with the offences on November 8.

Cook, of Grizedale Close, Cleator Moor, had appeared in court the following day and entered not guilty pleas to the charges of intentional strangulation and assaulting a person, causing them actual bodily harm.

However, he pleaded guilty to a charge of criminal damage under £5,000, which involved damage to a mobile phone belonging to his partner.

Mr Shelley said the alleged victim made a retraction statement on November 5.

He said a witness summons had been issued to the woman by the court yesterday.

Mr Shelley said it was in the interests of justice for the woman to have a witness summons placed upon her so her attendance at the court could be secured.

Chris Toms, defending, said he objected to the application to adjourn the case.

He said: “This witness put in a retraction statement before my client was arrested and charged.

“Witness summons were issued yesterday. It clearly is a matter that could have been dealt with at an early stage.

“This is a matter where the Crown could have dealt with this when the trial was fixed.”

Lead magistrate, Mr Holt-Kentwell, said: “We are going to refuse the application to adjourn this matter.

“The main witness has not attended and the police constable is unwell.

“The witness summons issued the day before is not acceptable. The Crown is at fault.

“The witness has retracted her statement.”

Mr Shelley said the prosecution had no evidence to offer in the case of strangulation and actual bodily harm but Cook had already pleaded guilty to the criminal damage matter.

Mr Toms said: “There was an argument that day. The defendant took the mobile phone and threw it over the fence to get her away from him.

“She would then follow the phone and leave the property.

“He has pleaded guilty to that at the earliest opportunity. He will be replacing that phone for her, as a result of today’s hearing.”

For the criminal damage, magistrates fined Cook £83. He must also pay £85 costs and a £33 victim surcharge.

MORE FROM COURT: Tenant caused thousands of pounds worth of damage to Cockermouth flat