KERRY Katona will not go on trial accused of failing to send one of her five kids to school after the case was binned – when she proved the child was sick.
Charges have been dropped against the former Atomic Kitten singer who allegedly failed to ensure the child went to school between October 31 and November 28 last year.
The 38-year-old had been due to stand trial at Brighton Magistrates’ Court today but the charges were dismissed she produced evidence which proved the child was ill with a migraine.
The former I’m A Celebrity winner, of Crowborough in East Sussex, wasn’t at court but was represented by her defence solicitor Jason La Corbiniere.
He said Katona did not dispute that fact the child didn’t go to school between the relevant dates but said they were too ill to attend.
Mr La Corbiniere said: “This case was adjourned on the last occasion and set down for trial.
“Following some discussion on Friday the prosecution decided not to proceed with the case.”
The court heard that the defence provided “contemporary medical evidence” on Friday.
He added: “Given the fact that that evidence was in fact always there it is a great shame that the evidence was not simply given to the school at the time and we would not be here.”
Given the fact that that evidence was in fact always there it is a great shame that the evidence was not simply given to the school at the time and we would not be here.
Katona's lawyer Jason La Corbiniere
Prosecutor Gareth Jones said evidence showed that at the time the child was suffering from migraines at the time.
He added: “The medical evidence was provided to me by Mrs Katona’s lawyer at lunchtime on Friday.
“We took the decision that the defence of reasonable justification was probably made out.
“It is a little frustrating as I prepared for a whole trial and received that evidence the weekend before the trial.
“This is the second time we got the defence evidence the Friday before the trial.”
District Judge Tessa Szagun said: “I have no option other than to dismiss the matter in these circumstances.”
It is the third time the I’m a Celebrity – Get Me Out Of Here! 2004 winner faced the same charges.
In 2017 was charged with the same office when she took her family on holiday to Barbados.
In May she was fined £500 after pleading guilty to a similar charge in respect of a different child.
In that case the mother of five, told the court she had difficult financial problems and had difficulty finding childcare.
As a result she said she would take her children on professional engagements instead of sending them to school which had led to a fall in the attendance.
Katona has been married three times. Firstly to former Westlife star Brian McFadden, then taxi driver Mark Croft and then George Kay.
She and Kay split in 2015 and she was forced to take out an injunction against him after a series of domestic incidents.
In July Kay was tragically found dead in his Cheshire home from a suspected drug overdose.
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