This recent case involved our representation of a client over a period of several years. Initially charged with an offence of sexual penetration without consent, we acted for the client from early in the Magistrates Court stage. We progressed the matter towards trial, and in the process of doing so, the complainant made an allegation the client had breached their bail by coming too close to them in a public location. It was clear that this charge was laid without any real evidence, and we further acted for the client on that matter. Following preparations for trial, the breach of bail charge was discontinued by the prosecution before trial.
We continued acting for the client with respect to the serious indictable charge. We engaged in extensive preparations including obtaining numerous call charge records for relevant witnesses, as well as proofing in excess of 10 defence witnesses who would be called as witnesses at the trial.
Finally, after years of waiting, the client’s trial was heard over a period of 6 days. James’ damaging cross-examination of one of the State witnesses established not only that the witness was a liar, but also that they had been asked by the complainant to testify for her in an effort to bolster her evidence. James managed to establish numerous inconsistencies in the complainant’s account, which did significant damage to the prosecution case.
The defence case was detailed and persuasive, comprising numerous defence witnesses and documentary exhibits. The client was also called to give evidence over a period of two days.
James delivered a powerful closing address pointing out the numerous, insurmountable difficulties with the prosecution case. Following a mere 20 minutes of deliberations, the jury returned with a not guilty verdict.
This exceptional outcome meant that the client was finally able to clear their name, after years of waiting. We were happy to assist the client to be able to finally put this matter behind them.