Magistrates refuse to issue restraining order against Mansfield man
Magistrates refused to issue a restraining order against a Mansfield man because the woman he allegedly assaulted refused to give evidence in a trial.
Zak Dooley appeared before Nottingham Magistrates’ Court on Tuesday, October 6, facing charges of assault and possession of cannabis.
Prosecuting, Paul Wood told the court that the alleged victim did not support the prosecution and did not want to give evidence, but still wanted a restraining order.
He added that during the alleged offence, which is said to have taken place on September 28 last year, in Sutton Road, Huthwaite, the woman had claimed that Dooley had threatened to break a window in her house, grabbed her mobile phone and grabbed her around the neck.
He added that when police arrived at the scene, a quantity of cannabis was found on him.
Dooley, 28, of Bancroft Lane, Mansfield, admitted possession of A Class B drug when he appeared before the court. The prosecution offered no evidence on the assault matters.
Mitigating, Abby Edwards said: “He’s remained on conditional bail for more than 12 months and no further allegations have been made. He has always strongly denied the allegations and she is not willing to come to court and I would suggest that a restraining order is not appropriate in this case.
“He admitted possession of cannabis in police interview and he doesn’t have any previous convictions for drug-related matters.”
Magistrates refused the restraining order and fined Dooley £80 and ordered him to pay £85 in prosecution costs and a £32 victim surcharge. They also ordered the forfeiture and destruction of the drugs.