A COURT case collapsed yesterday after a key police witness failed to turn up.

Magistrates refused an application to adjourn a case against two men facing racially aggravated charges after a police officer submitted a sicknote saying he was unfit for work.

Steven Punshon, 20, of Raby Terrace, and Nial James Wharrier, 18, of Hunter Terrace, both Chilton, County Durham, walked free from the court after the Crown Prosecution Service said it did not have a case without the police evidence.

The two were charged with causing harassment, alarm or distress and using threatening, abusive or insulting words or behaviour, that was racially motivated, against Marilyn Julie Mitton.

They were also facing a similar charge in relation to her husband, Gordon Dalgleish Haine. Both charges were in relation to an incident outside the couple's home in Chilton, on August 9, last year.

Bill Brabban, prosecuting, told Bishop Auckland magistrates that the officer's evidence was crucial to the trial.

He said the fact that the officer had submitted a sick note had not been brought to his attention until the day before the trial.

He asked that the trial be adjourned until the officer was able to give his evidence.

But Lawrence Petterson, for Steven Punshon, said that the case had already been adjourned several times and both men were anxious to put the ordeal behind them.

He said: "I think enough is enough. The application should be refused in the interests of justice. They have had this matter hanging over them for an awful long time.

"If this case is adjourned we could be waiting a long time for a new date and I do not think they will get a fair trial, say, 18 months after the incident."

Mr Punshon, Mr Wharrier and the alleged victims all declined to comment after the case.

Durham Police confirmed the officer had submitted a sick note but declined to give details of his sickness.