Three Warilla rugby league players accused of brawling with a player from a rival team during a club game last August have had criminal charges against them withdrawn after their alleged victim failed to turn up to court.
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Brothers Jaiden and Nicholas King (aged 24 and 23) and their Warilla-Lake South Gorillas teammate, Aaron Victor Joseph Sultana, 21, fronted Albion Park Local Court on Thursday prepared to defend allegations they assaulted Stingrays Shellharbour player Nikita Drew at their Group Seven clash at Flinders Field on August 5.
The trio had been charged with assault occasioning actual bodily harm in company and affray following a police investigation into the incident, which occurred just after full-time, about 4.30pm.
All three pleaded not guilty to both charges during their first court appearance in October.
On Thursday, police prosecutor Rob Casey informed the court that Mr Drew had moved interstate since the incident and hadn't attended court to give evidence.
He formally sought an adjournment of the case to allow for Mr Drew to be issued with a further subpoena to attend court.
However, defence lawyer Graeme Morrison, representing all three players, opposed any postponing of the case.
Magistrate Roger Clisdell refused the adjournment application, prompting Sergeant Casey to formally withdraw the charges.
"Without that one person being here, this case really can't proceed at all," he said.
Outside court, Mr Morrison said his clients were relieved the matter was finally over.
