Prosecutors withdraw manslaughter charge against ex-soldier Antony Ogar a day before trial due to start

A former soldier who was accused of the manslaughter of his wife – who suffered a catastrophic head injury – has had a major win in court.

Antony Ogar has had the manslaughter charge against his wife Cherry Gerente Ogar dropped. Picture: Facebook

A former soldier who was charged with the manslaughter of his wife after she suffered a “catastrophic” head injury has had the charge dropped a day before he was due to stand trial.

Antony Ogar, 60, was not required to enter the dock of the Supreme Court on Thursday as a prosecutor told the court they would enter a “nolle prosequi” – asking that the manslaughter charge be dismissed.

Justice Julie McIntyre told Mr Ogar the matter was “now at an end” and that he would be released from his bail obligations.

Mr Ogar – who was due to stand trial by judge alone on Friday – did not comment as he left court.

Antony Ogar. Picture: Facebook

Cherry Gerente Ogar. Picture: Facebook

His wife Cherry Gerente Ogar, 37, died from a significant head injury two days after she was taken to hospital form the couple’s Port Hughes home with a “tennis-ball type” lump to the right side of her head on July 26, 2021.

Mr Ogar was originally arrested with aggravated assault causing harm but the charge was upgraded to murder after her death.

That charge was later withdrawn and prosecutors instead proceeded with a charge of manslaughter.

Martin Anders, for Mr Ogar, last year had argued that the case against his client should be thrown out.

At that hearing the court had heard that Ms Gerente Ogar had suffered a “catastrophic brain injury with a 19mm shift of the brain”.

Mr Anders had argued the case against his client was entirely circumstantial and could be explained by an accidental injury and that it “was not possible pathologically to determine the exact originating event of the injury site producing subdural haemorrhage”.

“It is not pointing towards a deliberate infliction of injury, quite the reverse, it’s leaving wide open the possibility of accidental injury,” he said.

“At this stage it does feel very much as though we are boxing at shadows.”

Mr Anders had told the court his client had propped his wife up at the end of the bed after she had suffered a fall and left her overnight before returning and finding her still unconscious in the morning.