COVID scare forces court hearing adjournment

Hearing adjourned when victim and only prosecution witness claimed she had 'coronavirus-like symptoms' after first failing to appear in court despite subpoena.

Judge In Gloves To Protect From Coronavirus Writing On Paper

A HEARING listed for a northern NSW court was forced to be adjourned after the victim, the sole witness for the prosecution, claimed she had "coronavirus-like symptoms".

Phillip Lonn Hurst appeared in Grafton Local Court on Tuesday for the hearing after pleading not guilty to stalk/intimidate intend fear physical harm, where it's alleged he held a knife to the throat of the victim during a domestic violence incident.

The matter was listed for a priority hearing on Tuesday, August 11. However the victim failed to appear at court, forcing the police prosecutor to make an adjournment application.

Two Grafton Police officers were called to give evidence, telling the court that last month a subpoena had been served on the victim to attend court, and the victim made assurances that she would attend.

On the morning of the hearing, the officers attempted to contact the victim over the phone without success, before travelling to her Grafton address to confirm she would still be attending. The victim told police she was babysitting her granddaughter and after initially refusing to attend court told police to giver her "15-20 minutes" and she would make arrangements for the care of the child.

The court heard despite repeated attempts to find out where the victim was, she did not return the calls of the police.

Magistrate Kathy Crittenden denied the adjournment application, and in reply, the prosecution told the magistrate they would be seeking a warrant for the victim's arrest to attend court.

A second visit from police saw the victim arrive at the courthouse, only to tell the NSW Sheriff she had been suffering from "coronavirus-like symptoms" for the past three days.

Due to COVID-19 restrictions, the magistrate said anyone with flu or COVID symptoms was not allowed entry to any of the courthouse buildings, denying the chance for any remote evidence being allowed, a notion that was also opposed by Mr Hurst's solicitor.

Ms Crittenden said despite the matter being adjourned twice previously this year, given the circumstances, there was no other alternative but to put the matter over again.

The matter was adjourned to November 30, where Mr Hurst will also be sentenced for common assault and contravene AVO having previously entered pleas of guilty.

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