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SOMBA K'E/YELLOWKNIFE - An assault case crumbled in court on Nov. 27 after a key witness failed to show up.

A 40-year-old man was charged with two counts of assault, causing a public disturbance and several counts of breach of undertaking.

Without its main witness, the Crown agreed to stay one charge of assault, two of the breaches and requested the second assault charge - the one involving the missing witness who the lawyers agreed had intervened in a dispute between the man and his female partner - be dealt with by a peace bond application.

A peace bond essentially prohibits contact between the accused and the named person, but in this case the absent witness had not requested it.

Crown attorney Jill Andrews had scheduled five witnesses to appear in court that morning, and Bruser rescheduled other matters in order to allow a full day for the trial.

It turned out to be unnecessary.

"It seems the Crown could not even have proceeded with count two (the second assault charge)," said Bruser once it was discovered the key witness had failed to attend.

This matter had been set for trial on two previous days and the Crown did not request another shot at it.

In light of the Crown's agreement to stay certain charges, the accused changed his remaining non-guilty pleas after the morning break, moments before the trial was set to begin.

"Here we are today all set to begin the trial and you change your plea," said Bruser, but he acknowledged it was within the accused's rights to do so.

The man was accused of causing a "commotion" in the hallway of his partner's residence during an altercation between the two, said Andrews.

The incident was so loud, said Andrews, it woke up a six-year-old boy in a nearby apartment unit who was afraid the accused was going to enter his apartment.

Defence lawyer Hugh Latimer said the accused is attending college courses and is willing to enter counselling courses for his drinking.

"Give him the chance to show the court he can turn the corner on his life at 40," said Latimer.

Bruser ordered the accused to enter into a peace bond for six months and fined him $400 for one breach of undertaking and $400 for disturbing the peace.