Missing victim stymies bashing court case
ACCUSED home invader Dean Roderick Marks may today walk free because police cannot find the victim or a crucial witness in the case.
Marks stands co-charged with the violent September 2003 attack which left Glen Kent with a broken arm, dislocated thumb and swelling and bruising.
It is alleged Marks and three other men kicked down Mr Kent's front door in Denison Street and attacked him.
They were alleged to be wearing masks and brandishing a baseball bat, screwdriver and machete.
Now, three years after the attack, Mr Kent and the witness are nowhere to be found.
Police prosecutor Senior Constable Darrell Dalton yesterday told the Rockhampton Magistrates Court the charges were dated because Marks had originally failed to show in court.
Senior Constable Dalton said it was not until April this year that Marks was found and taken into custody following another alleged assault.
He asked the court for four to five more weeks to allow police to find the missing people.
Acting Magistrate Mark Morrow questioned what police had done to find the people while Marks had been in custody.
He said if police had not made any fresh enquiries, he was inclined to let Marks out.
"What makes you think you're going to find him in five weeks if you can't find him in five months?" Mr Morrow asked, referring to the victim.
"When are you going to find them?"
Senior Constable Dalton said latest information indicated the victim may be in Blackwater.
Mr Morrow will hear more this morning about what enquiries police have made before making his decision on Marks.