Stuff
Derek Ransfield was due to face trial on family violence charges, but they were dismissed after the prosecution could offer no further evidence.
A Horowhenua man due to face a judge-alone trial on family violence offences has had his charges dismissed after the complainant told police she was too scared to testify.
Derek Ransfield has been in custody since the alleged incident in October 2022.
He was facing charges of injuring with intent and impeding breathing, but police prosecutor Sergeant Chris Chapman told the Levin District Court on Thursday the complainant was no longer willing to give evidence.
He said police received a text message on Sunday from the woman that said “I don’t want to come, he scares the s… out of me”.
Judge Stephanie Edwards said Ransfield was arrested the day of the alleged incident and had already spent about 10 months in custody.
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She pressed police on what efforts had been made to inform the complainant of her right to give evidence outside of court, but Chapman said he was unable to confirm what conversations had taken place.
“It concerns me that it’s not clear the ability for the complainant to give evidence by alternate means may not have been explained.”
Chapman said the original officer in charge no longer worked for police, but another officer had been dealing with the file.
He said a police officer visited two addresses on Thursday morning ahead of the trial looking for the complainant, but she was not there and had stopped responding to calls and texts.
Edwards said court records showed the complainant had expressed her “fear and concerns” to police from the “outset”.
But, she considered there was no other “fair option” to the defendant other than to dismiss the charges on the grounds the prosecution could offer no further evidence.
Ransfield was also sentenced on one charge of possessing an offensive weapon after he was found with a knife
Following the alleged incident, he was arrested and police found a fold-out knife in the shape of bank card in his wallet.
Edwards said there was no suggestion he had used the knife, but he had similar prior convictions and she sentenced him to one months’ imprisonment.
