This matter involved a client charged with a number of sexual assault and domestic violence allegations. The offences were alleged to have been committed against the client’s wife during their marriage. The allegations were historical and no complaint about the alleged offences had been made at the time they were said to have occurred.

On review of the disclosure material it was apparent there were multiple ulterior motives for the complainant having brought the allegations. These included to obtain a permanent partner visa, and to obtain leverage in family court proceedings regarding the separation of substantial assets. It also appeared the complainant had told lies and half-truths in relation to a number of matters said to have occurred during the marriage and in the lead-up to the alleged offences.

As part of trial preparation we issued a large number of subpoenas to obtain important documents that would be used to defend the matter. These included amongst other things the full departmental visa file for the complainant, and various medical history documents that contradicted the complainant’s account of the violent offences. On review of these documents there was a strong argument the complainant had invented the allegations.

At trial James engaged in a lengthy and damaging cross-examination of the complainant, which elicited numerous inconsistencies and demonstrated the complainant was not a truthful witness.

James presented a powerful closing address which outlined all of the numerous issues with the prosecution case.

The jury delivered not guilty verdicts in relation to 4 of the 5 charges, being the most serious allegations. The jury was unable to reach a verdict in relation to a minor assault charge, and it was unlikely that the prosecution would decide to have a re-trial in relation to that count.

The client was very happy with the outcome as it put an end to years of significant stress and allowed the client to move on with their life.