Charges were dropped against a man accused of leaving his then girlfriend with a head injury in a Travelodge after she failed to attend his trial.

Oxford Crown Court heard on Monday (October 16) that Darren Smith’s former partner had not been heard from since September 2022.

She had never supported the prosecution of her now 52-year-old ex-boyfriend, Judge Nigel Daly was told, although she had in the past given a video-recorded interview to the police.

Prosecuting, Kaj Scarsbrook asked the judge to adjourn the trial for the Crown Prosecution Service to try and track down the complainant and do – as yet incomplete – work like transcribing her video-recorded interview.

But Judge Daly refused to delay the trial, noting that the police had no idea where the alleged victim was currently staying and no telephone number for her.

Oxford Mail: Judge Daly, who heard the case Picture: Oxford MailJudge Daly, who heard the case Picture: Oxford Mail (Image: Oxford Mail)

He said: “The prosecution have had witness difficulties in other respects, which have largely been resolved. But they have not resolved the prime difficulty that they have; being that they cannot contact their prime witness, the complainant, who is reluctant [to give evidence] in any event.

“If I were to adjourn and allow the prosecution to continue, the defendant who has been on bail and is reporting to the police station three times a week ever since this started, would be waiting in limbo on the off-chance that the complainant might be found by the prosecution.

“He is presently someone who has pleaded not guilty. He is unconvicted, as far as this is concerned. And he is an innocent man as far as this is concerned.

“This has gone on long enough. I am not going to agree to this matter being adjourned again.”

READ MORE: Find all our stories from Oxford's courts

Earlier, Mr Scarsbrook said the assault charges dated back to 2021, and included an alleged assault at a Travelodge hotel in Bicester when the complainant was left with a head injury.

She had always been extremely reluctant to support the police investigation and subsequent prosecution, the barrister said. He added: “She didn’t want the defendant to be arrested.”

When the judge refused his application for the trial to be adjourned, Mr Scarsbrook said he had instructions to offer no evidence. Without the complainant to give evidence there was no realistic chance of securing a conviction, it was said.

The judge recorded formal not guilty verdicts against allegations of assault and controlling behaviour.

However, he imposed a restraining order on Smith’s acquittal. It prevents the man from having any contact with his former partner for 18 months.