Charges have been dismissed against a Windsor man on trial for assault.
Jesse Ball-Shearon, 23, was facing charges of aggravated assault and assault with a weapon stemming from an incident in July 2016 at an apartment on Tecumseh Rd. West near McKay.
But the crown decided not to proceed with the case this week after the alleged victim failed to show up in court to testify and issues arose regarding some of the evidence during the three day trial.
The 26-year-old complainant had allegedly been hit with a pipe and pushed down some stairs.
But a witness had testified during the trial that Ball-Shearon never had possession of a pipe.
Another man had been charged in the case and during his trial, court heard the alleged victim had showed up at the apartment door wearing UFC type fighting gloves, he was greased up and had been using methamphetamemes for three days. The co-accused was found not guilty.
Defence lawyer Frank Miller says it was the right decision by the crown to no longer proceed with the case.
"The fact that it appeared likely given the history of the matter, that the complainant no longer had any interest and from my perspective, some serious weaknesses had developed in the case as we were going through it," says Miller.
"This is a commendable decision, in other words, this isn't something I'm saying was good because it favoured my client, I think it was the right thing to do in the point of the public and in the administration of justice," he tells AM800 News.
Ball-Shearon is in a wheelchair and Miller says his client was attacked in jail and knocked unconscious in late August or early September.
He woke up and couldn't walk. Miller says his client suffered neurological damage during the beating but he can recover.