In Hornsby Court, Sydney Criminal Lawyers® had all charges dismissed against a 40 year old Greenwich man accused of multiple indecent assaults against a 27 year old woman.
After lengthy cross-examination by Mr U. Nedim, it became clear that the complainant had lied to police by stating that she has not been in an intimate relationship with our client and that the pair were not intimate on the day of the alleged assaults. CCTV footage was played in court which showed that she was intimate with our client in a shopping centre and later in a hotel. Our client always maintained that the sexual acts were consensual. He was vindicated during the hearing.
After the charges were dismissed, the Magistrate was persuaded to order police to pay legal costs in the amount of $7,700.00 on the basis that they failed to properly investigate the incident; in particular, they failed to obtain any CCTV footage despite the defence requesting that they do so.
The defence obtained the footage by issuing subpoenae to the owners of the shopping centre and hotel, and that material was crucial to discrediting the complainant.