by Impaired driving charges against a Cape Breton man have been dismissed after a Cape Breton Regional Police officer wasn’t available to testify at his trial.
Provincial court Judge Diane McGrath declined to grant a Crown request for an adjournment because the constable was not able to attend court after breaking an ankle several weeks ago, then granted a defense motion to dismiss the charges against 55-year-old Bernard Stephen Blinkhorn.
The Crown says the officer has been advised to stay off his feet and could not attend the hearing. The prosecutor says he was only told about the cop’s inability to testify that day.
The judge says the officer was served with a subpoena one month in advance of the trial, so the issue of his attendance should have been raised sooner.