A man has had charges of stealing a car from a Bellambi man dropped after both the alleged victim and his co-accused failed to appear at court to give evidence.
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John Deepak Krishna, 41, was due to face a hearing at Wollongong Local Court on Friday on charges related to an alleged incident in Bellambi on April 1 last year.
Krishna stood accused of stealing a man's car from his home while he slept, with the help of a woman who had arranged to stay over at the victim's house.
Police had alleged that the woman stole the keys to the Subaru Forester from the victim's bedside table, before going outside and giving them to Krishna, who took the vehicle.
However, police prosecutor Sergeant Chris Manning told the court the victim had not shown up to give evidence at the hearing and he had not been able to make contact with him.
Sergeant Manning said the co-accused had previously indicated she would plead guilty to the charges against her, but she had not shown up for sentencing and a warrant was issued last week.
He made an application to adjourn the hearing.
This was opposed by defence lawyer Analise Ritchie, who said the victim had not attended a previous hearing date and was unlikely to attend on the next occasion.
If the application was granted, Ms Ritchie said it would be close to two years after the alleged crime that a new hearing would be held.
Magistrate Greg Elks refused the prosecution's application, so Sergeant Manning withdrew the charges relating to this alleged incident.
Ms Ritchie had already indicated that Krishna would plead guilty to charges of drug possession and driving with an illicit drug in his system.
In April 2021, Krishna tested positive for methamphetamine and cocaine after he was pulled over in Albion Park Rail and in December that year, police found him with 0.16 grams of meth.
Ms Ritchie said her client was on a community corrections order when he was found with the drug but it was at the lowest end of the spectrum when it came to seriousness for this crime.
She said his drug use was linked to his post-traumatic stress disorder, but Krishna was in the most stable position he had been in for a long time, living with his parents and working.
Ms Ritchie asked Magistrate Elks to take into account the impact his mandatory driving disqualification would have given his employment.
Magistrate Elks fined Krishna a total of $1200 and reduced his automatic disqualification period to eight months.
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Natalie Croxon
Reporter at the Illawarra Mercury, mostly covering social affairs. Previously of the Bendigo Advertiser, Northern Daily Leader and Quirindi Advocate. Our Watch award winner.
Reporter at the Illawarra Mercury, mostly covering social affairs. Previously of the Bendigo Advertiser, Northern Daily Leader and Quirindi Advocate. Our Watch award winner.
