The case against two men accused of a Chisholm home invasion, in which a man was attacked with a machete, has been dropped in the ACT Supreme Court.
James Gregory Elliott and Jackson Cory Allred had previously pleaded not guilty to aggravated burglary, aggravated robbery and damage to property offences.
While it is unclear why the charges have been dropped, the court had previously heard the identity of the intruders would be a key issue of the case.
The victim had originally told police he thought he had “recognised the eyes” of one of the intruders as a former classmate.
Under questioning by prosecutor Beth Morrisoe on Tuesday (20 September), the victim said he thought he said that to police as he was trying to justify why he had been attacked and who could have attacked him.
The jury had previously heard the victim had been attacked when two unknown men, with at least one wearing a balaclava, had shown up at the Chisholm apartment where he had been having dinner with his mother and a friend on 7 July 2020.
The intruders had demanded cash, car keys and a “hydro set-up” from the victim while standing in the garage.
The victim had been attacked with the machete while his mother was in the garage. Upon hearing the commotion, the friend (who had been making dessert upstairs) came down holding a large knife.
When he saw the intruders, he remarked, “well, you’ve f**ked my cheesecake! Game on!”
The intruders stole a safe from the garage and ran off before making their way to the front door of the apartment and kicking it in.
Once inside the apartment, a handbag was stolen and the victim was hit with the machete again.
The jury for the case has been discharged.