THE court will hear another chapter in the long-running stoush between former councillor Fiona Rossiter and former Orange Ratepayers Association president Brian Wood after the magistrate, Terry Lucas, set a hearing date for a criminal charge against Wood.
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In September police charged Wood with two counts of stalking with the intention to cause fear, but on Tuesday his barrister Chris Simpson asked Mr Lucas to consider dismissing the case based on a lack of evidence.
Statements from the two alleged victims, Mrs Rossiter and her husband Paul, were read by Mr Lucas and submissions from the prosecutions and defence were heard.
Mr Lucas reserved his decision until Friday, where he dismissed the second charge.
Mr Rossiter was the alleged victim of the second charge.
“By Mr Rossiter’s own admission, he was angry but did not fear,” Mr Lucas said.
However, he found the charge against Wood where Mrs Rossiter was the alleged victim met the criteria to proceed to a hearing in April.
Neither Wood, nor Mrs Rossiter were in Orange Local Court for the decision.
The prosecution claims Wood stalked the Rossiters over a period of 212 days last year.
The hearing is the latest in a long-running battle between Wood and the Rossiters, which started in December 2012 when Mrs Rossiter attempted to take out a personal apprehended violence order against Wood and another association member.
Her case was dismissed. She appealed and it was dismissed again.