A man facing charges for cultivating cannabis and wilful damage may escape standing trial for the matters as the police officer meant to provide evidence was unavailable because the force is ``short-staffed''.
John Perry was meant to stand trial for the two charges before Judge John Macdonald in the Dunedin District Court yesterday.
However, the matter was adjourned after the police officer meant to provide evidence was unavailable and Judge Macdonald indicated he would likely dismiss the charges if the officer could not appear today.
``The officer in charge worked a night shift ... last night and [will] tonight and his supervisor is unable to release him as they are short-staffed,'' prosecutor Sergeant Paul Knox said yesterday.
``For operational and health and safety reasons they can't release him to give evidence today.''
As the officer was meant to work a night shift last night, it was unlikely he would be available for the trial today either, Sgt Knox said.
``The police is falling apart, sergeant,'' the judge said.
Perry was due to appear in court soon on more serious charges and could be jailed if convicted.
``If you can't proceed tomorrow, I'm likely to dismiss the matter, especially with the more serious matter in the wings,'' Judge Macdonald said.
Defence counsel Anne Stevens said Perry was being held in custody in Invercargill Prison and was transported to Dunedin specifically for the trial.
``It came as a bit of a bolt out of the blue to me because I had on the file he [the officer] had been advised of the date,'' Sgt Knox said.
``I received information after work on Friday that he wasn't going to be available for the reasons stated.''
Sgt Knox said police were alleging Perry cultivated 22 cannabis plants.
The wilful damage charge related to the damage of a sprinkler head of a holding cell at the court.
The problems for police in the trial did not end with the inability of the officer to give evidence, as prosecutors had not received fingerprint analysis of bags found in a shed at the premises where the cannabis was being cultivated.
``... haven't got a response to that,'' Sgt Knox said in response to questioning from Judge Macdonald about the evidence.
``So I'm assuming nothing [was found in the analysis].''
Otago Coastal area prevention manager Inspector Kelvin Lloyd said, in an emailed response to Otago Daily Times questions, that ``police in the Dunedin area are not short-staffed''.
``We have appropriate levels of staffing to meet operational demand and continue to deploy and prioritise our resources appropriately where needed on a daily basis,'' he said.
``Due to police's collective employment agreement, police are required to give employees 14 days' notice when there is a change of duties; that includes when staff are required to attend court.
``In this case, it appears the police officer was only notified last Friday he was due in court in relation to this matter.
``While such occurrences are uncommon, police are currently making inquiries into how this has occurred.''
Judge Macdonald adjourned the matter. It will be called in Dunedin again today.