Savannah, Georgia-based quartet BARONESS was involved in a road accident on August 15, 2012 in England when the band's tour bus reportedly plummeted for 30 feet over a viaduct after going through a security barrier during heavy rain. Nine people, including the four members of the group, were sent to the hospital, two of them with serious injuries.
According to BBC News, the driver of the bus — a German national by the name of Norman Markus — was to be charged with dangerous driving, using a vehicle with defective brakes and breaching a 7.5-ton weight limit. He was summonsed to attend the court on Friday for a preliminary hearing, but his attorney, Jonathan Turner, said that if Markus chose not to attend court "nothing can be done" because the summons was not served in the U.K.
"If he ever re-enters the country a summons can be served upon him," he added.
"Our position is the summons is a nullity and he has no reason to attend.
"You can't issue a warrant for his arrest unless he re-enters the U.K. and a summons is served on him.
"The problem is he's not going to come to this court. How are you going to get him here? I say I'm afraid you can't."
Crown Prosecution Service (CPS) reviewing lawyer Andrew Walters told the BBC: "Mr. Markus was allowed to return to Germany to assist his recovery from the injuries sustained from the crash.
"We fully expected him to return to face the charges against him and until today had received no indication from the defence to the contrary.
"The CPS, police and courts will now work together to establish how best to proceed but there is no suggestion of a discontinuance at this stage."
BARONESS member John Baizley (guitar, vocals) broke his left arm and left leg in the accident. Allen Blickle (drums) and Matt Maggioni (bass) each suffered fractured vertebrae.
Photo credit: Avon & Somerset Police