A man who was facing two serious criminal charges has had his charges dropped after a judge withdrew the case because police couldn't find the alleged victim in India.
However, the Rotorua District Court judge has left the door open for police to again prosecute the case.
Jason Collier, alsoknown as Jason Williams, had been in custody for 14 months awaiting trial after pleading not guilty to charges of unlawfully detaining a man on September 20, 2019 and aggravated robbery of the man's phone, car keys, backpack and bomber jacket while armed with a knife.
Judge Greg Hollister-Jones was forced to withdraw the charges in February after attempts to get in touch with the complainant broke down.
Details of the case have just been released to the Rotorua Daily Post.
In a minute issued by the judge in February, he said the complainant returned to India and had stopped engaging with police.
The last contact police had with the complainant was on January 27 this year which was to set up a location for an audio visual link to give evidence at a trial.
The Crown asked the judge to consider only withdrawing the charge, rather than dismissing it, which meant they could prosecute again at a later date.
"There is clearly a significant public interest in the prosecution of the crime of aggravated robbery," Judge Hollister-Jones said in the minute.
"This prosecution requires the evidence of the complainant. The most recent example of the complainant's disengagement is only two or so weeks old. It is possible that there may be a reason for the breakdown in communication," the judge's minute said.
He said under the circumstances, he would withdraw the charge rather than dismiss it.
Collier was told he was free to be released from custody because the current prosecution was at an end.
