An appeal had to be adjourned – possibly for weeks – after neither the man bringing the appeal and his alleged victim turned up at court.

Daniel Rowland, 35, was found guilty by the magistrates last April of assaulting a man by beating in June 2018. He was fined £120 and ordered to pay £200 costs and a £30 victim surcharge.

The following month his solicitors wrote to the crown court saying they wanted to appeal the conviction.

That appeal hearing was finally given the green light a year later. But, on Tuesday morning, Rowland and the victim of the assault were no-shows at court.

Barrister Nicholas Lee, for Rowland, said his instructing solicitors had lost touch with their client in March. “Mr Rowland, I understand from those instructing me, is homeless and lives in a tent in Devon.”

Prosecutor Alejandra Tascon, representing the Crown in the appeal hearing, said the complainant had told the witness support service he would be in Italy from mid-August until September. Nonetheless the hearing was listed for September 1. Two other witnesses had turned up.

Judge Peter Crabtree, sitting alongside two magistrates on the Swindon Crown Court bench, told the lawyers it was Rowland’s responsibility to keep in touch with his solicitors.

But he adjourned the case. “We’re all of the same view as the bar; that it would be odd, while you’ve got two witnesses here, to proceed in the absence of the complainant and Mr Rowland.”

No date was fixed for a new appeal hearing.