Not guilty x 14: Client acquitted of numerous historical sexual offences after District Court trial
In a successful conclusion to a long-running case, we acted for a client charged with a large number of serious sexual offences. The allegations were historical, having occurred over a decade prior to a police complaint having been made. The preferring of the charges so long after they were said to have occurred had devastating results for the client, including the loss of their current employment. Conviction for any of the charges would have continued these deleterious effects and also resulted in a lengthy term of immediate imprisonment.
On review of the disclosure evidence it was plain the case had numerous, largely insurmountable issues for the prosecution. These included clear evidence the complainant had colluded with another person close to the client, who had openly stated they wanted to cause the client harm. The complainant’s account of the alleged offences was vague and repetitive. It was also unclear if the complainant had ever actually been in the client’s company as alleged, as it appeared the account provided did not match evidence of important details of the client’s physical description and the description of their house.
Prior to trial we took steps to ensure the trial would actually finish, given concerns that the prosecution witnesses may attempt to derail the trial given the evidence of their animosity towards the client. This included a successful application to pre-record the complainant by the defence, an unusual step which was ultimately instrumental in ensuring that the trial proceeded without being aborted. We also obtained by court subpoena critical documentation that arguably established a motive to lie on the part of the complainant.
At the trial James’ cross-examination of the complainant and prosecution witnesses was highly effective. This included the use and tender of a large number of exhibits that demonstrated the prosecution witnesses’ accounts were false. James delivered a powerful and detailed closing address which outlined the numerous issues with the prosecution case and highlighted the fact that the jury could not possibly be convinced beyond reasonable doubt that the prosecution had proved its case.
Following jury deliberations the client was acquitted of all charges. This fantastic outcome meant that the client was able to resume their life in the same state it had been prior to the police preferring charges that were based on arguably false evidence given by a number of witnesses. The client was very happy with this outcome and thanked us for our hard work.
