Our Client is a 22-year-old university student from Sydney.
He attended a nightclub in Sydney CBD where he met a female on the dancefloor. While dancing the pair kissed. Unfortunately for our client, the female’s boyfriend was in the nightclub and became aware of what happened.
Later in the night the female’s boyfriend confronted our client along with a friend of his. A fight ensued which resulted in security guards stepping in and separating the parties. Police attended a short time later where the female claimed that our client had, without consent, put his hands inside her jeans and underwear and sexually assaulted her while they were dancing.
The female, her boyfriend and two of their friends also told police that our client had assaulted them by throwing punches before security separated the parties. He was charged with sexual touching and common assault.
Our client came to us distraught after receiving advice from numerous other lawyers that the charge could not be defended because of the number of witnesses who were supporting the female.
We took a different view.
We carefully analysed the statements of each of the witnesses and were able to identify inconsistencies in their versions. We also identified a failure by police to interview or even speak to the security guards – let alone obtain statements from them.
We then commenced planning our defence strategy over a number of months. We undertook significant preparation by highlighting areas of cross-examination and setting traps in our questioning designed to show the evidence of the witnesses and complainant was implausible or impossible.
The matter proceeded at Downing Centre Local Court.
We cross-examined the complainant and were able to meticulously draw out inconsistencies between her evidence and what she had written in her police statement. Our cross-examination of the other witnesses was able to identify further inconsistencies between their evidence and that of the complainant. The hearing spanned over two days and after our cross-examination of two of the female’s friends, the fourth refused to give evidence.
In the result, not only were the charges dismissed against our client with the Magistrate finding that she had significant doubts about the reliability of their evidence, but costs were also ordered against police based on their failure to interview or speak to the security guards.
Our Client and his family were overjoyed with the result and can now move on with their lives.
