Alleged racist assault case fails after victim misses trial

The Exeter Express and Echo reports on the collapse of a trial relating to an incident of alleged racial abuse and assault after the victim failed to attend court to give evidence.

Rodney Delicata, 46, was charged with a racially aggravated assault in relation to a “road rage” incident at a service station at Colyford, East Devon, involving alleged victim Jibran Khan.

Delicata, who denies using racist language and assaulting Mr Khan by beating on April 14, appeared before Exeter Magistrates Court on Monday.

But the alleged victim, Mr Khan, failed to attend.

Prosecutor Hollie Gilbery requested an adjournment from the court saying Mr Khan could not travel because his aunt had died and he was arranging the funeral.

Defending Delicata, solicitor Susan Snow, said the defence had been given no notice concerning Mr Khan’s non-appearance. She told the court Mr Delicata was “very anxious” to defend his name and that the matter had placed considerable “stress on his family.”

The magistrates were advised that if a defendant fails to attend without good reason there is a presumption that the case would continue in their absence. The chairman of the bench said: “This is a very difficult decision but we feel in the interests of justice that this trial goes ahead today.”

Exeter magistrates court refused to delay the hearing and the CPS offered no evidence in relation to the alleged racist incident. Mr Delicata was thus acquitted.