THE case against a west Dublin man accused of breaking his pregnant partner's arm and trying to strangle her will be struck out in two months if the prosecution against him is not ready to proceed.
Wesley Kearns (34), who denies attacking and injuring the woman, had his non-jury trial delayed after neither he nor the alleged victim appeared in court for the hearing.
Blanchardstown District court heard the woman had been "uncontactable" by gardai since the trial date was fixed.
Judge David McHugh granted a final adjournment to a date in February, but said the case would be going ahead then "one way or another".
Kearns, of St Mark's Grove, Clondalkin, has pleaded not guilty to assault causing harm to the woman at their home at the time on August 3, 2012.
Defence solicitor Fiona Brennan said the accused had been in court previously and had expected the prosecution to be withdrawn. Outlining the allegations, Sgt Maria O'Callaghan said the accused and the woman had been living together at a house in Clondalkin at the time.
It was alleged that his partner was 25 weeks pregnant at the time, and Mr Kearns kicked her in the middle of her right arm.
"It is alleged that Mr Kearns put his arm and hand around the injured party's neck and as the injured party described it, he tried to strangle her," she said.
The following day, the alleged victim was in "a lot of pain" and attended for treatment at St James's Hospital, where her arm was diagnosed as broken.
A medical report outlining her injuries was handed to the judge.