Judge Cathcart accepted that while she had again failed to come to court, it was due to different circumstances and she had at least shown a willingness to attend by getting on her flight from the South Island.
The court had verification she was in a mental health ward and was not well enough to give evidence.
Given that, he granted prosecutor Fiona Cleary an extension of the time required to apply to withdraw the charges.
The judge noted the distinction between an offender being discharged and charges against that person being withdrawn.
The latter does not preclude the Crown from relaying those charges in future, albeit likely to be met with strong opposition from the defendant and his or her counsel.
Mr O’Connor was also absent from court yesterday.
Judge Cathcart said O’Connor was known to him through other jurisdictions as a troubled individual who displayed unusual mental behaviour.
At the call over fixture ahead of the December-scheduled trial, O’Connor appeared to be in a highly agitated state, was rude, and difficult to deal with by the court and his counsel Nicola Wright.
The judge accepted O’Connor’s delay in attending court yesterday was likely due in part to his personality but also because he was driving from Wairoa to Gisborne.
