Smith who first appeared in court on January 13 had pleaded not guilty to the charge which stated that he unlawfully and maliciously assaulted Leon Bagot so as to cause him actual bodily harm on January 3 at Croal Street.
Meanwhile, Bagot who was also charged with assaulting Smith is still to make a court appearance although an arrest warrant was issued since last month.
Bagot’s absence in court led to Acting Chief Magistrate Melissa Robertson dismissing the case against Smith.
However Smith told the court that he would like to proceed with the matter in which Bagot is charged with assaulting him.
He told the magistrate he had “never experienced anything like that…a total stranger assaulting me. I responded and it landed me in court.”
Meanwhile both Smith and Bagot who were jointly charged with unlawfully and maliciously damaging a glass door valued $25,000, property of Demico/Qik Serv are to return to court on February 24 to decide whether the parties will proceed with a trial or whether Smith will pay half the cost of the door.
Smith had contended that he was pushed through the door but he was willing to pay half the cost.
