Husband, 83, could not face 'trauma' of giving evidence

THE case against a 56 year-old south Shropshire woman, accused of attacking her estranged 83-year-old husband, was abandoned this week after he declined to give evidence.

At Shrewsbury Crown Court, prosecution counsel Denis Desmond told the judge that David Garner-Jones felt he could not face the trauma of two or three days in the witness box, reliving events which happened up to seven years ago.

Mr Desmond offered no evidence against Mrs Hazel Garner-Jones, of The Fold, Stokesay, Craven Arms, who denied two allegations of wounding her husband on June 26, 1997, and August 20, 2001, and assaulting Mr Garner-Jones, causing him actual bodily harm on April 27, 1999.

Judge Desmond Perrett, QC, recorded a formal not guilty verdict and Mrs Garner-Jones, represented by Miss Mary Bennett, was discharged.

Arrangements had been made for Mr Garner-Jones to give evidence via a video link, but, on Monday, Mr Desmond said that Mr Garner-Jones and two of his children had considered the prospect of giving evidence for several days and the trauma involved in this and the types and lines of cross-examination which would follow.

"The trauma would be there whatever the verdict," Mr Desmond said.

"He has taken a number of factors into account, that he and his wife have been separated for over two years and that there has been no trouble, and there is no prospect of them getting back together.

"The most recent allegation is two or three years old and the oldest seven years ago.

"After hearing the advice I have given him, he would prefer not to go ahead with this case."

Mr. Desmond said it was not a case of Mr Garner-Jones abandoning the case because it was not true, but because he wanted to start a new life and not worry about reliving what happened.

Mr Desmond said the prosecution believed it was not in the public interest to proceed with the case. He therefore offered no evidence.

Judge Perrett said he was satisfied this was the right course and was sympathetic over the decision.

Travelling costs were awarded to Mrs Garner-Jones.