A woman chose to take her children to a dance competition rather than appear as the complainant in a court case, the Launceston Magistrates Court heard.
Police prosecutor Mike Bonde told the court of the woman's decision not to appear as complainant in a case involving Adam Jacob Shepherd.
Mr Bonde said the woman was a single mother of four who felt it was more important to give attention to children on the prescribed court date.
"It is not that she is unwilling to appear it is just today was not suitable," he said.
Magistrate Ken Stanton remarked: "a man is in custody based on her allegations, what an astonishing attitude".
Defence counsel Beri Kurdistan for Mr Shepherd objected to Mr Bonde's application for an adjournment because of the prejudice to Mr Shepherd and because the prosecution case was not a strong one.
She said Mr Shepherd had his parole revoked as a result of being charged over the alleged incident on March 21, 2021.
Mr Stanton held a contest mention to assess the case and examined a minute-and-a-half piece of video filmed on a bystander's mobile phone, on which the prosecution case substantially relied.
Mr Bonde said that the allegation arose out of the aftermath of a crash between two vehicles.
The complainant grabbed keys from Mr Shepherd's partner's car and ran away up the street.
Police alleged Mr Shepherd ran up the street after her and allegedly pushed her to the ground and punched her to the head before leaving the scene.
But Mr Stanton said the force used by Mr Shepherd to retrieve his keys was appropriate.
Mr Stanton said that Mr Shepherd's vehicle was stranded in the middle of the street at the time the keys were taken.
"For the purposes of the contest mention the material case would not succeed," he said.
Mr Bonde said that as a result of Mr Stanton's finding police would offer no evidence and asked that the case be dismissed.
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Nick Clark
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
