Not Guilty of Sexual Assault and Legal Costs Awarded

Our client is a 28–year old officer of the Australian Navy.

He was originally charged with aggravated sexual assault in company, against a woman his friend (our first client) met at a bar in Newtown before the pair attended our first client’s residence in Bondi later in the evening.

We secured not guilty verdicts on all charges for our first client, after extensively preparing a defence case which obliterated the claims made by the complainant.

The complainant was nevertheless adamant she was sexually assaulted and the prosecution saw fit to pursue the trial of his friend, our second client; although the charge was reduced to sexual assault (not aggravated).

The prosecution alleged the sexual activity with our second client was without consent.

The matter proceeded to a District Court jury trial, during which (as in our first client’s trial) several inconsistencies were raised during the complainant’s cross-examination – and it was made clear her story could not be reconciled with other evidence obtained by us – to the extent it was clear she was lying about being sexually assaulted.

After the close of the prosecution case, we submitted what’s known as a ‘no bill application’ – which is an application for the prosecution to be discontinued.

The DPP finally woke up and withdrew the charge, which any sensible prosecutorial body would have done long before.

We then made an application for legal costs, which was successful – our client was acquitted and costs were awarded in his favour.