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The trial of a man accused of murdering a cousin has had to be delayed until the New Year after a mix-up over the booking of an intermediary to appear in the dock with him.
A judge said he was “deeply unhappy” that Travis Smith’s trial could not go ahead at Maidstone Crown Court this week as scheduled.
Smith, 24, of no fixed address, has denied murdering “gentle giant” Danny Wallis, 29, whose body was found at his flat in Gravesham Court, Clarence Row, Gravesend, between May 29 and June 1.
The court heard an intermediary - a person who assists vulnerable defendants in the dock - had been booked with agency Communicourt.
Ronnie Manek, defending, said the agency was informed of the trial date in August, but the court did not return the booking form.
A reminder to return it was sent on November 10, he said. It was still not returned and an intermediary was not provided.
“I don’t know why it wasn’t sent,” said Mr Manek. “If it had been sent we would be ready to start today.”
Mr Manek said an intermediary was now not available either from Communicourt or other agencies. The only hope had been if another trial elsewhere had collapsed.
Smith was frustrated and disappointed, he said, that the trial was not starting.
“It came to the point where he said he didn’t want one,” he added. “It is not for him to decide. He is quite tearful and emotional.”
Judge Philip Statman said on Monday Smith was facing a grave charge and it was vital that he received a fair trial.
“Legal services are under enormous strain and intermediaries are expensive. I have spent time of my own motion in my chambers trying to source an intermediary.
“There is frustration that this is all left to the last minute. It is not my task to sit on the phone and ring around the country to see if I can get an intermediary.
“I want to make sure this man receives justice, and receives it speedily. There are members of the deceased’s family here who are expecting this trial to take place.
“There are witnesses to be called to give evidence. I am going to do my level best to get this case up and running.”
The judge adjourned until the next day in the hope an intermediary could be found.
But after being told there was still not one available, he adjourned the trial to February 1.
Judge Statman told lawyers: “You know how deeply unhappy I am about the inability to get this case started.
“This case will go ahead on February 1. That is my direction and it will be complied with.”
The issue of an intermediary, he said, should have been resolved by the time of the plea and case management hearing in September, or soon afterwards.
“I am deeply unhappy this defendant is not having his trial today,” he added. “It is out of my hands. There is nothing more this court could have done.”