On June 27, Jonathan Chew, 24, and Lewis Hughes, 23, videotaped themselves approaching England's top medical officer at St James' Park.
The footage caused Hughes to lose his employment as an estate agent, and he was sentenced to eight weeks in jail, suspended for two years.
Chew denied common assault and obstructing police and was due in court today via video link.
But the coughing defendant in a bathrobe was clearly too ill to continue.
Prosecutor Daniel O'Donoghue questioned the documentation verifying his positive test results, but the trial was postponed.
Chew's lawyer informed the court he was withdrawing from the case because to ‘professional embarrassment'.
‘I am sorry to inform you that I am no longer able to represent Mr Chew for professional reasons.'
Judge Goldspring refused Chew's request to compel the chief medical officer to court.
‘The law says I have the right for him to come,' he replied. Chris Whitty, please.'
"I suppose I know a bit [more] about the law than you do," the judge replied. "The facts have been acknowledged between the prosecution and defence, therefore there is no reason for the defence to cross-examine him."
‘I feel naive,' Chew added. I'm answering an assault charge I didn't commit.'
‘Are you saying corona isn't real now?' ‘I feel like you're victimising me…calling me a liar'.
Astonishingly casual, stated Judge Goldspring.
‘What does cavalier mean?' said Chew.
Because he couldn't examine the CCTV evidence via the video link, the judge adjourned the hearing until January 4, 2022.
Chew, of Chelmsford, Essex, must obtain new legal representation before then.