Not guilty: client acquitted of allegation of historical sexual offending

In this case we acted for a client in a historical sexual matter. The allegation dated back to many decades prior, and there was no clear reason why it had been brought to the police after such a long time. The disclosure brief that was provided was paper thin and consisted of almost no evidence to support the prosecution case, beyond a bare assertion by the complainant. On review it was apparent that what evidence there was, lacked credibility and had numerous inconsistencies and improbabilities.

The matter progressed through the Magistrates Court to the District Court where it was eventually listed for a trial before a jury. At trial James’ devastating cross-examination of the complainant brought to light numerous insurmountable difficulties with their evidence. This included establishing that there was no evidence the complaint had even been able to get to the client’s house where the offence was alleged to have been committed, making it impossible for the offence to have occurred. James was also able to demonstrate a motive to lie on the part of the complainant through his cross-examination.

We led critical evidence in the defence case that further established the improbability of the offence occurring. This played an instrumental role in the final outcome of the case.

James presented a detailed and persuasive closing address that outlined the numerous flaws with the case.

Following less than an hour of jury deliberations, the client was acquitted of all charges.

This fantastic outcome put to an end many years of stress for the client and properly reflected the state of the evidence in the case. The client thanked us for our work on the matter and was very pleased with the outcome.

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