A Penticton man’s trial for alleged assaults and home invasion in October 2019, was adjourned after witnesses failed to show up on his first day of trial Monday.
Thomas Kruger-Allen is charged with break and enter and committing an indictable offence, three counts of assault causing bodily harm, mischief, breach of undertaking, uttering threats to cause death or bodily harm stemming from an incident that took place in a Penticton home on Oct. 19, 2019.
Kruger-Allen, 23, was at Penticton Supreme Court via video for his first day of trial that was supposed to start May 3.
Crown’s case relies on testimony of three witnesses.
“The result of the Crown unable to marshal witnesses means the trial is adjourned,” said the judge on Monday.
This will not impact Kruger-Allen’s right to a fair trial, noted the judge.
Warrants have been put out for the witnesses. This matter will be before the courts on June 7, to set a new trial date.
Kruger-Allen is currently serving over two years for the unprovoked beach attack on three people in May of 2019.
He was sentenced in March for that crime.
Brad Eliason, 29, was put into an induced coma for several days and a portion of his skull needed to be removed due to brain swelling from the attack that night.
“I’ve lost everything,” Eliason told the courtroom in his victim impact statement. “I’ve lost my wife, my home, my job.”
When the beach attacks occurred, Kruger-Allen was out on a bail for an unrelated, unprovoked attack outside the then Mule Club. For the crimes he is accused of for the October 2109 incident, he was out on bail from the beach attacks.
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