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Not Guilty of Assault, Stalk/Intimidate, Damage Property, AVO and Costs Ordered Against Police

RELATED TO: Common Assault, Assault Occasioning Actual Bodily Harm, Apprehended Violence Orders (AVOs), Assault Charges, Malicious Damage
CRIMINAL CASE

Our client is a 26 year old man who had been in a relationship with his female his ex-partner for over two years.

Police alleged the pair were seated in the backseat of the complainant’s car when they began arguing about their future together.

It was alleged the argument escalated, and our client then punched the woman at-least 4 times to the head, spat on her and threatened to kill her after issues about cheating were brought up.

It was further alleged our client smashed the woman’s phone on the middle console.

According to police, the woman began driving toward a police station when our client recommenced punching and slapping her across the head. The woman then allegedly stopped the car, directing our client to get out, which he did.

She then went out with her friends, rather than immediately reporting the matter to police.

One of those friends called police, who attended the hotel where they were socialising.

Upon arrival, police noted a chipped tooth, a bruise to the woman’s left eye and several scratches and marks on her face.

The woman was then conveyed to the police station where a Domestic Violence Evidence in Chief recording was made.

The woman gave the above version of events, adding that our client called her earlier in the evening and threatened to harm her if she called police.

Police attended our client’s home, arrested and conveyed him to the police station, before charging him with Assault Occasioning Actual Bodily Harm, Common Assault, Stalk and Intimidate, Destroy and Damage Property and Use Carriage Service to menace or otherwise harass.

Our client’s position was simple – that although there was a verbal argument over the phone, the allegations of a physical assault were fabricated. He said the complainant was a violent person and suggested she may have been involved in an altercation with someone else later that night. He was adamant that he did not meet up with the complainant at the time alleged.

He said the complainant indeed accused him of cheating before going out with her friends, that she was angry and that she had made the allegations “in revenge”.

We independently subpoenaed and obtained GPS tracking records which corroborated our client’s version of the events. We also independently obtained CCTV footage from the hotel in question, which indeed depicted the complainant having an altercation with another female.

Police did not bother to obtain these materials, despite the fact they would have shown that our client was innocent of the charges and that the woman had engaged in a criminal offence by making a false complaint.

We cross-examined both the complainant and the police officer in charge at length in court, after which it became clear the incident did not occur and that police had brought the charges without conducting investigations that would have made it clear our client was innocent.

The magistrate dismissed all of the charges against our client.

An application was then made for legal costs against police, which was granted.

We have made a formal request for criminal charges to be brought against the complainant for making a false complaint.

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