Man breached bail condition by living with family
A man charged with the attempted murder of his wife breached his bail condition, when he went and lived with his family while on bail.
David Crichton of Fa’atoia was initially charged with the attempted murder of his wife and grievous bodily harm. His wife is the victim of the offending and his children are the prosecution's witnesses.
The victim and children did not appear in the Supreme Court two weeks ago to give evidence when the matter was called for hearing.
In the Supreme Court Thursday, Crichton appeared again for mention before Justice Leiataualesa Darryl Clarke, and was represented by lawyer Lauaki Jason Annandale with Fuifui Ioane the prosecutor.
Justice Leiataualesa asked the prosecution whether they will proceed with the attempted murder charge, “given the unfortunate circumstances of the defendant commencing residing with the victim of this offending as to other witnesses”.
In response, Ms. Ioane said prosecution has no evidence to offer and asked to withdraw the attempted murder charge.
The Judge accepted the application to withdraw the charge, though noting his hesitance to do so.
“With some reluctant I have accepted the withdrawn of the charge of attempted murder against the accused,” said Justice Leiataualesa.
“Reason being for that reluctance is in breach of bail condition, the accused nevertheless went and reside with the victim and consequently the victim of your offending with other prosecution witnesses did not attend the hearing on this matter when it was due.”
He then adjourned the matter for a pre-sentencing report and sentence submission on May 9.
Justice Leiataualesa also reminded the accused that the prohibition order – in respect of his wife and children – for the time being remains in place and he is remanded in custody until his next appearance in May.
Crichton is alleged to have been intoxicated when he stabbed his wife several times in a domestic violence matter at their family home in Fa’atoia.
Subsequently, he was charged with grievous bodily harm together with attempted murder before that charge was withdrawn on Thursday by the prosecution.
The accused has pleaded guilty to the grievous bodily harm charge and was taken into custody, following the charges against him until he was granted bail some two weeks ago.
Crichton was remanded in custody again when he breached his bail condition.