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Charge of Assault Bodily Harm (Domestic) withdrawn on trial date, London. D.C. was accused of a serious domestic assault charge involving his girlfriend of three months. While the relationship began well, it quickly deteriorated due to her serious alcohol addiction which resulted in false allegations being made against D.C. Despite her inability to provide a statement due to her extreme intoxication on the evening of the alleged assault, the police still chose to proceed with charges against D.C. who himself had been the victim of an attack by the girlfriend that night. D.C. retained Michael Bury of Neuberger & Partners LLP, Toronto Criminal Lawyers, to represent him. The case was a clear overreach by police and there was little chance of success. Yet the Crown continued the prosecution. The matter was set down for trial. The matter did not get reached on the first day of trial due to the Court being overbooked. The Crown refused to withdraw the charge at this stage and insisted that a new trial date be set despite a very weak case. At the next trial date, the girlfriend was not present when court commenced and claimed via email to be on her way. The Crown requested that the Court await her arrival without having any specific information as to when that might be. Michael Bury made submissions on this issue highlighting the difficulties with the Crown’s case and the apparent lack of interest by the complainant in getting to court on time and to at least provide an estimated time of arrival. Furthermore, it was argued that this was now the second trial date and that no further accommodation should be made to the Crown. The Judge agreed with defence submissions and asked whether the Crown was prepared to proceed now after having waited for the complainant for over an hour. The Crown agreed to withdraw the charge of Assault Causing Bodily Harm, instead of seeking a further adjournment given the Court’s position after Michael Bury’s submissions.