December 13th, 2024

Man accused of stabbing girlfriend has charges dropped when she fails to co-operate with the trial

By Jeremy Appel on November 30, 2018.


jappel@medicinehatnews.com
@MHNJeremyAppel

A man accused of stabbing his girlfriend in the neck earlier this year has had those charges withdrawn due to the main complainant not co-operating, but received 30 days in jail after pleading guilty to two breaches of release conditions.

James Walker, who faced charges of aggravated assault and assault, as well as four breaches, appeared in person sporting a cast on his left arm at Medicine Hat Provincial Court on Thursday.

Crown prosecutor Connor Doyle sought an adjournment, which was denied by Judge Eric Brooks.

Doyle said the complainant was being “evasive,” and another witness who was subpoenaed didn’t show up.

Defence lawyer James Rouleau said there was no point in further adjourning the trial.

“There’s no likelihood at all she’ll show up on a subsequent date,” he said.

The two breaches Walker pled guilty to relate to bail conditions that he not go to a specific address and abstain from alcohol consumption.

He agreed to these conditions on Dec. 4, 2017.

On Feb. 14, residents of the address Walker was prohibited from attending called 9-11, locating the accused and complainant there.

The complainant had a knife injury to her neck, for which Walker was charged with assault and aggravated assault.

Police said Walker was intoxicated.

Walker has a prior criminal record, which includes charges of impaired driving and a curfew breach, Doyle said, adding that Brooks had specifically warned the accused not to go to that residence.

In his client’s defence, Rouleau said Walker has only been sentenced to jail once, for the second of two impaired driving convictions.

“I know it was a mistake to go there that day, but it’s a very special day, Valentine’s Day,” Walker said when given the opportunity to address the court.

Walker has 30 days time served, so he’s now a free man.

“Your efforts to comply with the orders of the court is very poor,” Brooks said.

“I don’t care if it’s the most important day for you. You have to comply.”

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