A woman who called police to arrest her partner for domestic violence could end up in prison herself.

Adam McCann, 30 was due to stand trial at St Albans Crown court for allegedly “throttling” Toni Marie Clarke at their home in Penn Place, Rickmansworth.

However, since making her statement to police Miss Clarke, who still lives with defendant, made three retraction statements and had refused to support the prosecution.

But the courts are now encouraged to pursue such allegations, even without the co-operation of the injured parties and Miss Clarke was issued with a witness summons in September to attend court.

Heather Shimmen, prosecuting on Tuesday, said in Miss Clarke’s retraction statements she had said she was unwilling to help prosecute her partner. The latest, drawn up by a solicitor, said she had been very drunk at the time, which had affected her recollection of events.

She was not answering her phone and had not been present when the police went to her home to issue another witness summons, the night before.

In light of Miss Clarke’s continued non-cooperation the prosecution would offer no evidence, said Miss Shimmen.

She added: “It’s a serious case. There was an allegation of throttling and in domestic violence cases we have to take very careful steps, but there is no other route for the prosecution to go down. I will therefore offer no evidence.”

McCann had denied ABH and Judge John Anderson formally pronounced him not guilty.

Turning to Miss Clarke “disobeying” the witness summons Judge Anderson said it was contempt of court – which carries a maximum sentence of three months imprisonment.

Judge Anderson ordered investigations into why she had not appeared in court.

He said: “Court time has been set aside for a trial. She has been sent a witness summons and has blatantly disobeyed it.

“I am not sure the court is in the practice of overlooking what is a serious contempt. I want the crown to make enquiries.”

“When I have all the facts I will consider it further. Maybe there is a good reason she is not here, but this is a serious matter.”

The judge said an apology may suffice, but this “complete disregard” for court proceedings was causing concern.

McCann, now of Tillotson Road, Hatch End, who has previous drugs offences, had admitted to possession of a wrap of cocaine found at the time of the domestic violence investigation and was fined £150.