A MAN accused of assaulting his girlfriend had the charges against him dismissed after she refused to give evidence.
Paul John Baines, 27, of Aldford Road, Upton, appeared at Chester Magistrates Court charged with common assault on Tracy Louise Davies.
In his opening address Trevor Lloyd, prosecuting, said the couple had been together for four years and had a three-year-old daughter.
He continued: 'On November 30 Miss Davies will say there had been an argument with the defendant as a consequence of which she locked the door.
'She went to sleep and the defendant climbed in through a window. Miss Davies was lying on the mattress together with their three-year-old daughter. He punched her several times to the face. She sustained a cut injury to her top lip, her nose was bleeding and she felt dizzy.
'On December 1 the defendant was interviewed by the police. He gave a no comment interview and simply stated that the complainant had made similar complaints about him in the past.'
Miss Davies was called to the stand and took oath but declared to the court she did not want to give evidence.
Mr Lloyd asked magistrates to treat her as a hostile witness - someone who refuses to give evidence at the insistence of the party calling her.
Court clerk John Elson told her: 'Having taken the oath you are advised to answer questions.'
In response to questions from Mr Lloyd, Miss Davies said she could not remember what happened and said she had made a retraction statement about the incident to police.
Mr Lloyd asked her to look at a photograph taken of her alleged injuries by police officers.
She said: 'I have looked at it all right,' before walking out of the courtroom adding: 'I don't want to give evidence.'
Following the loss of the primary witness for the prosecution Mr Lloyd formally offered no evidence to the court and magistrates dismissed the charge.
But they then sentenced Baines on a separate charge to which he had previously pleaded guilty. For failing to surrender to the court on December 15 in relation to the assault matter, he was sentenced to one day's custody.
Defence solicitor Howard Jones pointed out Baines had been in custody since being arrested on warrant on January 19.
Baines was therefore free to leave the court.