Assault charge may be revoked after death of terminally ill man

A Geraldton man accused of assaulting his father-in-law is “likely” to have the charge against him dropped after the 79-year-old man died last year. Leon John D Tioke, 56, is scheduled for a trial on April 29 for the alleged assault occasioning bodily harm after pleading not guilty on November 26. Police alleged Mr Tioke was drunk on November 6 when he got into an argument with the man, who was a cancer patient in palliative care. He allegedly grabbed him and threw him to the ground when asked to leave. At the time, Mr Tioke told police he fell over. In Geraldton Magistrate’s Court on Monday, prosecuting Sgt Troy Guildersleeve said it was likely the charges would be discontinued given the elderly man had died on December 24. “I only received word from the accused’s lawyer yesterday,” he told the court. “The decision could be made as soon as I can take it to my inspector.” At a previous court appearance, Sgt Guildersleeve told the court there were no witnesses so it was Mr Tioke’s word against his father-in- law’s. The matter was remanded until the hearing on April 29, but Magistrate Chris Miocevich told both parties they could vacate the trial sooner if a decision was reached.