A judge wants more precise medical information presented to a court to ascertain how a woman, assaulted by a man, lost sight in one eye.
John Walker, 46, previously denied a charge of unlawfully and maliciously wounding the woman with intent to cause her grievous bodily harm.
The incident is said to have happened at a house in Newton Aycliffe, on June 28 this year, and the prosecution initially believed she had been hit several times with a mobile phone.
Appearing at a plea hearing at Durham Crown Court, on July 29, the defendant denied the principal charge but admitted the slightly lesser offence of unlawful wounding, on the basis he threw an item which struck the victim in the eye, by "accident".
The case was adjourned as Judge Jo Kidd asked for further medical evidence to help to resolve the issue of the cause of the injury.
Jonathan Gittins, prosecuting, told a further plea hearing in the case at the court yesterday (Tuesday, November 12) that a statement from the surgeon who operated on the victim said the injury was consistent with, “blunt force trauma to the eye”.
Judge Kidd said that explanation seemed “limited”, as she had sought more detailed information about the extent of the blunt force trauma which would have been required to have caused such an injury to the woman’s eye.
Mr Gittins said a pathologist has been consulted and he can’t be sure if the injury was inflicted with one or more blows.
Judge Kidd said the basis of plea submitted by the defence was that the injury was caused as a result of something having been thrown, “from quite a distance”.
She said: “There’s a very wide gap between the basis of plea and, potentially, the injury.
“The prosecution has not resolved or dealt with the specific issue over the amount of force required to result in that injury being caused.
“I’m not prepared to pass sentence until such time that the prosecution looks at this injury, the basis of plea and getting expert evidence, because the statement uploaded does not address that.”
Matthew Moore-Taylor, representing the defendant, said: “I would observe the gulf between the prosecution and defence is not so wide to make a significant difference as to sentence.
“Your honour is concerned as to the mechanism and force used.
“It would seem that the basis would have to proceed on is a single blow which would have been with considerable force.
“Throwing an item from some distance, coming into contact with her eye, which would have resulted in her losing an eye, as opposed to blunt force trauma from part of his body or an implement.”
Judge Kidd said the “gulf” between the positions is whether it was an intentional direct injury to the eye or as a result of an accident by a throw from distance.
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She said that would, "make a significant difference" to the sentence in the case.
Judge Kidd asked Mr Gittins to come up with a definitive view of the incident in discussion with the reviewing Crown lawyer by the next hearing, in three weeks.
In the meantime, she remanded the defendant, of The Moorland, Newton Aycliffe, to remain in custody.
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