Ronald Fowler: Man 95, cleared of wounding his wife with a wine bottle Berkeley Vale

An elderly man with dementia charged with hitting his wife over the head with a wine bottle has had the allegation withdrawn and dismissed.

The house at Sunnyhills Terrace, Berkeley Vale, where a woman, 70, suffered critical head injuries. A man, 95, has been cleared of any wrongdoing. Picture: Richard Noone

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A 95-year-old charged with wounding his wife, 70, with intent to cause grievous bodily harm has had the offence thrown out of court after the prosecution conceded it was impossible to prove beyond doubt he caused her injuries.

Ronald Henry Fowler, of Berkeley Vale, was not required to appear at Wyong Local Court on Tuesday where the Department of Public Prosecutions solicitor sought a charge of wounding with intent to be withdrawn and dismissed.

An associated interim apprehended violence order (AVO), taken out by police on behalf of Mr Fowler’s wife Joy, 70, was also dismissed.

The house at Sunnyhills Terrace, Berkeley Vale, where a woman, 70, suffered critical head injuries. A man, 95, has been cleared of any wrongdoing. Picture: Richard Noone

Emergency services were called to the couple’s house about 9.15pm on Monday, June 22, following reports of a domestic incident.

The court had previously heard when police arrived at the couple’s home on Sunnyhills Terrace they found Ms Fowler unconscious and Mr Fowler “was yelling”.

Police alleged at the time that Mr Fowler had hit his wife over the head with a wine bottle, she had staggered outside where she was seen by neighbours to collapse and he was heard yelling for her to “come back”.

Mr Fowler was not required to appear at Wyong Local Court where the charge was dropped.

Paramedics treated Ms Fowler for a significant head injury and she was later flown to John Hunter Hospital in a critical condition.

The court heard it was not clear why he was yelling and the prosecution later conceded Mrs Fowler could have been involved in some other accident and Mr Fowler could have been trying to assist her.

The court heard both Mr and Mrs Fowler suffered dementia, which further complicated the prosecution’s case.

Magistrate Caleb Franklin formally withdrew and dismissed the charge and the AVO.