Matthew Page – known as Matthew Lowther – was tried at Kirklees Magistrates’ Court today to face three counts.
Two of them were for allegedly using threatening, abusive or insulting words or behavior to cause harassment, alarm or distress and intentionally aggravating the harassment, alarm or distress racially or religiously by using words.
But the case against Lowther, 20, was dismissed without any evidence.
The 20-year-old was fighting for his life last October after he was slashed in the stomach and stabbed in the chest by Sheryar Khan, who was just 16 at the time, in John Street after a night out.
But his best friend, 19-year-old Kian Tordoff – whom he paid loving tribute to – was killed by Khan in the ‘ferocious’ knife attack on October 10 last year, after suffering five or six knife wounds.
The psychotic murderer faced a charge of murder and manslaughter in a six-week trial last June and July, alongside five other men.
Khan was sentenced to a minimum of 16 years in prison for the murder of Mr Tordoff and eight years concurrently for the intentional injuries of Lowther.
His brother Arbaz Khan was sentenced to 11 years in prison for the manslaughter of Mr Tordoff and a consecutive 3-year sentence for unlawfully injuring Lowther.
Mohammed Adil Hussain was sentenced to 7.5 years in prison for Mr Tordoff’s manslaughter and a consecutive 18-month sentence for Lowther’s wrongful injuries.
The case against Lowther today related to when the murder trial was ongoing, the court heard.
The two witnesses to testify regarding the charges were Mohammed Shakiel and Farnaz Khan.
But the prosecution explained that neither had appeared in court.
Mr Shakiel did not answer his phone or send a message when the prosecution tried to contact him and Ms Khan claims her doctor told her to stay home because she had a temperature, said the tribunal.
The prosecution submitted a request to adjourn the case to have witnesses present, but Lowther’s defense objected.
His lawyer explained that Lowther had left the area because of the case and that the trial had been organized by the court to ensure that he was dealt with in a reasonable time.
He argued that Mr Shakiel had gone incommunicado and that Ms Khan should have a doctor’s note if she was too ill to attend, which could have been sent to court “with all the modern gear” available, but he did not had received nothing.
The defense attorney said: “I would say this is a witness not trying to make it to court.”
He added: “The witnesses for the prosecution know well that they have a hearing date.
“They did not show up in court today to testify.”
He also suggested to the court that there was no guarantee that witnesses would show up if the case was adjourned, or even tell the prosecution that they would not be present.
The defense attorney said, “This man faces these serious charges.
“He denied them from the start when he was questioned by the police.
“He came today to ask for justice, to ask for a trial to get an outcome today.”
He added that all of this had been detrimental to Lowther’s health and sanity and that the reasons given for an adjournment were unsatisfactory.
The magistrate refused an adjournment and the prosecution in response provided no evidence and the case was dismissed.
. Kian Tordoff victim dun blow knife Matthew Lowther abandoned his charges