Warrant Issued For Arrest Of Fall Singer Mark E. Smith

Artist failed to appear in court for hearing on charges of assaulting girlfriend/bandmember.

An arrest warrant for British singer Mark E. Smith, the leader of

post-punk group the Fall, was issued in New York on Wednesday after Smith

failed to appear in Manhattan Criminal Court.

Smith was due to appear for assault charges that he incurred this past spring.

Judge Suzanne Mono ordered Smith back in criminal court Nov. 4,

according to court spokeswoman Frederica Jacks. If he is present at the

rescheduled hearing, charges for Wednesday's failure to appear will be

dropped.

"The bench warrant was stayed," Jacks said. "If he shows up on Nov. 4, it

will be vacated."

Smith, 41, was charged in April with third-degree assault after allegedly

kicking, punching and choking Julie Nagle, his girlfriend and the keyboardist

for the Fall, at New York's Quality Hotel Eastside. During a court hearing

a week after the alleged incident, Smith was ordered to enter an

alcohol-treatment program and undergo anger-management counseling.

At the time, the judge issued a limited protection-order for Nagle, which

stipulated that Smith stay away from her aside from work interactions.

Nagle is no longer listed as a member of the group at the Fall's official

website. Representatives from the band's U.K. label, Artful, could not be

reached for comment.

Under his April sentence, Smith was ordered to report his progress in rehab

and counseling to local prosecutors. Jacks said she had no information on

whether Smith complied with the reporting.

Wednesday's failure to appear came as Smith and his band were expected to

be preparing for the Inertia Tour of the United States, with American

art-rockers Pere Ubu and British punks the Buzzcocks.

Tour dates were not yet released as of Thursday (Oct. 1). Tour organizer

Christopher Bryant was unavailable for comment.