Criminal Law Result Background: Our client Mr X was charged with affray and assaulting a police officer during New Years Eve 2012. The Officer in charge was also the alleged victim.
We examined the brief and had discussions with the police with respect to the affray charge, and subsequently made representation to police as to why that charge cannot be made out at law. This resulted in the Affray charge being withdrawn, and Police proceeding to hearing on the assault police charge.
After a lengthy 2 day hearing at the Downing Centre we had systematically pulled apart the police case in cross examination of the police officers. The Police victim had changed his evidence at least 6 times in cross examination, and closing submissions highlighted the deficiencies in the police case namely: unreliability of identification evidence, no independent witnesses, inconsistent evidence by police, and consistent evidence by defence witnesses, prior inconsistent statements by police officer in charge and victim, and conflict of interest of the police victim also, being the officer in charge of prosecution by having a direct personal interest in prosecuting this matter in circumstances where; on any objective analysis, he could not properly identify who the alleged perpetrator of the alleged assault was.
Criminal Law Result: NOT GUILTY! Charge was dismissed,
Clients opinion of our Criminal Law Result: “Very Satisfied,”
Police view of our Criminal Law Result: “Not So Satisfied.”