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      Charges of Indecent assault, Common Assault and Intimidation dismissed on Appeal

      Our client is a 41-year-old man who had been in a relationship with a female partner for 12 months. They were also work colleagues.

      Police alleged that on one Saturday in August, our client had pushing her onto a bed, grab her by the vagina and twisted.

      They also alleged that on a separate occasion in October he had threatened to kill her. They further alleged that on another occasion in September our client had kicked her.

      The complainant only contacted Police after our client reported her workplace misbehaviour to a manger.
      Our client denied all of the allegations.

      We immediately began preparing a defence strategy.

      First, we asked our client to provide screenshots of all messages sent between himself and his partner at and after the time of the incidents.

      The messages showed that there were no arguments or complaints by his partner and indeed, she was happy.

      At the Hearing, we expertly cross-examined her and showed her all of the messages. She tried to claim that the messages had been doctored.

      We then called for her to show the Court her phone. Unsurprisingly, she tried to resist this, but the Magistrate insisted on it occurring.

      Once her phone was obtained, we located the messages and she was forced to concede that she had sent those messages.

      The Magistrate dismissed two of the three charges.

      A conviction appeal was filed to the District Court. The appellate Judge agreed with our argument that the final charge should also have been dismissed.

      Our client is elated that he can finally move on with his life and is considering civil action against the complainant.

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