Donald Sullivan's domestic violence charges dismissed in Tamworth after court told of 'uncooperative' witnesses

Donald Sullivan's four charges were withdrawn and dismissed in Tamworth Local Court, after he was first charged in September, last year.

The case was set down for hearing, and defence solicitor Paul Lewis said his client was in custody and the case was ready to proceed from their end, but the prosecution witnesses were no where to be found.

"My friend has made an application for an adjournment, the defence would object to that," he told he court.

"The facts do also outline the allegations in relation to sequence 1 [break-and-enter] which have been withdrawn."

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The defence said two witnesses "have refused to give a statement" throughout the history of the matter.

Magistrate Jennifer Atkinson told the court it was "going to be critical to have the witnesses here".

"Any domestic violence matter is serious, the community takes a strong view on that," she told the court.

"The police cannot do a thing without the presence of those two witnesses and they haven't been cooperative.

"I'm not confident they would come on the next occasion."

A charge of break-and-enter and commit an indictable offence was withdrawn by prosecutors, with Sullivan maintaining pleas of not guilty to the remaining domestic violence-related charges of common assault; intimidation; and contravening an AVO.

Ms Atkinson said while the hearing could not go ahead, she was not confident the witnesses would show up if it was adjourned.

She said despite Sullivan being "in custody today on other matters", she refused the adjournment.

Police could not offer evidence on the remaining three charges which were withdrawn and dismissed.

"These charges have finished but you are in custody for other matters," Ms Atkinson told Sullivan.

Sullivan will return to court at a later date for his other matters.

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