The case against the Accused was dismissed due to the Private Complainant's lack of interest and failure to appear since the case began. The Defense argued that this lack of participation denied the Accused their right to a speedy trial. The dismissal applies to both Accused as the outcome would be the same without the Private Complainant's involvement.
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The case against the Accused was dismissed due to the Private Complainant's lack of interest and failure to appear since the case began. The Defense argued that this lack of participation denied the Accused their right to a speedy trial. The dismissal applies to both Accused as the outcome would be the same without the Private Complainant's involvement.
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i.
General
The Defense manifested that based on the records, Private
Complainant is unknown at his given address/no longer residing in the area/moved/has repeatedly failed to appear since the Court commenced to hear this case, and moved for the dismissal of the case on the ground of lack of interest of Private Complainant and the denial of Accused’s right to speedy trial. The Prosecution manifested that Private Complainant has not conferred with him since the inception of the case, and interposed no objection.
As prayed for by the Defense, the case is DISMISSED
against Accused __for lack of interest on the part of the offended party and in view of the denial of Accused’s right to speedy trial.
The dismissal shall also apply with respect to Accused ___
since a similar result will be obtained without Private Complainant’s active participation.
Defendants Dismas Charities, Inc.,Ana Gispert, Derek Thomas and Adams Leshota's Motion To Dismiss and Incorporated Memorandum of Law in Support of Motion To Dismiss