A VIOLENT attempted robbery case in Tamworth has been tossed out of court because prosecutors have declined to sign off on the charge to push the case forward.
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An assault with intent to rob in company charge was withdrawn against Aaron Boston Creighton in Tamworth Local Court.
The matter would not progress any further, DPP solicitor Max Dixon told the court.
"There's been a direction made and the Crown prosecutor refuses to certify sequence one," he said.
Creighton appeared via video link from prison for the mention of the case, where magistrate Julie Soars formally withdrew and dismissed the charge.
"I'm sure he'll be pleased about that," she said.
"I got your matter up because I wanted to progress it to the next stage. "I mark that withdrawn and dismissed; that completes your matter for today, sir."
Police had claimed Mr Creighton was involved in an incident in Petra Avenue in South Tamworth earlier this year.
Solicitor Garry Johnston argued to have Mr Creighton's matter thrown out on the last occasion because of lengthy delays in the case.
He told the court previously that there was a "very short transcript" in the case and that the delays had been "inordinate".
The court heard there had been "considerable delays" in relation to the complainant's original statement, and getting a certified translator and a transcript of the interview.
Ms Soars declined to discharge the case earlier this month, acknowledging the "complexities" in the case and the "difficulties" in obtaining a translation for the transcription.
She adjourned the case to last week to resolve the matter, ordering the DPP to confirm whether or not it would certify the charge, and push it to the next stage of the court process, or withdraw it.
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Arrested in March, Mr Creighton has been refused bail since. Earlier this month, the court heard he was serving the balance of his parole, as well as a sentence for a Dubbo matter.