A JUDGE ordered a landowner facing a public order offence to come to court before changing his mind.
Frances Payne, the owner of Hampton Mill in Evesham, previously denied a charge of using threatening/abusive/insulting words/behaviour to cause harassment, alarm or distress.
The 57-year-old appeared on videolink to Worcester Crown Court for a pre-trial review on Thursday, (November 9).
But at the start of the hearing, after the court clerk asked for her to confirm her name, it quickly became apparent Payne could not hear the court.
COURT: Frances Payne outside Worcester Magistrates Court earlier this year (Image: Sam Greenway/Newsquest)
The judge asked Payne's barrister, Mr Khan, why the defendant was appearing remotely and not in person.
He explained she had injured her leg so was granted the ability to watch the hearing from her home.
"She is having difficulty walking," he added.
He told the court he had discussed the technology issues with his client prior to the hearing.JUDGE: Judge James Burbidge KC His Honour Judge James Burbidge, Worcester's most senior judge, then said: "If she cannot hear she will have to come to court."
But Mr Khan told the court Payne's presence was not necessary as he had been in several conferences with the defendant and she was denying the offence.
"It will be not guilty and the matter will proceed to trial," he added.
The judge then allowed the hearing to continue, Payne still appearing on the videolink.
CASE: Payne appeared on videolink to Worcester Crown Court
As we previously reported Payne denies a charge of using threatening/abusive/insulting words/behaviour to cause harassment, alarm or distress.
The Section 5 public order offence is alleged by the prosecution to have taken place in Evesham on January 13 this year.
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Mr Khan said it was still expected the trial would last four days, prosecutor Andrew Davidson making no comment on that matter.
At the end of the hearing the judge said although he was unsure if Payne could hear, he would tell her to attend her trial which is set to take place on Monday, November 20.
The judge said Payne should be at court in time for 10am start that day, warning if she failed to attend it would proceed in her absence.
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