A CASE against an assault accused pair has been dropped at Greenock Sheriff Court after a lawyer declared that there was ‘no prospect’ of the complainer attending to give evidence.
Ryan McShane, 32, and Hayley Smith, 38, both faced a single charge each concerning an alleged incident on January 15 last year.
Prosecutors claimed Mr McShane had punched the complainer on the head causing him to fall to the ground, before striking and kicking him on the head and body to his injury on Roxburgh Way.
Ms Smith was charged with pushing the same man on the body at the Thistle and Clyde Suite on Tobago Street.
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Both had denied the allegations against them.
Representing Ms Smith, defence solicitor Derek Buchanan said that the alleged push was said to have taken place on a dance floor during the Runrig song 'Loch Lomond'.
A fiscal depute informed Sheriff David Pender that the Crown was not ready to proceed to trial as two witnesses – including the complainer – were yet to be cited.
The court heard that the alleged victim had since moved out of the UK.
Mr McShane’s lawyer Amy Spencer said: “In my submission, there’s no prospect of this witness coming to court to give evidence.”
Sheriff Pender rejected the Crown’s motion to adjourn the trial, with the case being deserted simplicter - meaning that it cannot be re-raised.
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