Charge: Assault Causing Bodily Harm (choking), Uttering Death Threats &, Failing to Comply with their Release Order
Counsel: Jason Alsbergas
Courthouse: Milton
Date of Judgment: May 9, 2023
Background
A young man was in an intimate relationship with a young woman for approximately a year. It was an on and off again relationship. During the period of their relationship, both individuals were engaged in affairs. The complainant alleged that she attended the young man’s house to confront him about his lies. She alleged that he tried to engage her in sex, which she refused. Following that, she made accusations that, in a fit of rage, he forced her to the ground, strangled her, and then threatened to kill her and her loved ones if she were to tell anyone what happened. Immediately after leaving his residence, she pulled over to the side of the road, took pictures of her neck, and called her friend. She contacted the police the next day and the young man was arrested and subsequently released on an undertaking. Further, the complainant alleged that he had messaged her via Instagram screenshots of text messages between them both immediately after he had been released, contrary to his release conditions.
The Issue
The issue was to determine if whether he had in fact committed the assault, uttered the threats, or sent the messages after he had been arrested breaching his release conditions.
The Strategy
After carefully reviewing the disclosure, which included multiple video recorded statements of the complainant provided to the police, it was clear the complainant was being untruthful. Our client able to provide us with incredibly valuable information which directly undercut her narrative and explained that he in fact ended the relationship and advised her that if he were to see her again, he would inform her partner of the affair. One of the most glaring things that stuck out to us, was the complainants overwhelming motive to fabricate these allegations, due to her being afraid of her affair being discovered.
The strategy was to succinctly demonstrate her motive to fabricate to the Court and that the allegations were simply not true. It was the defence theory that she was afraid that her boyfriend would find out and break up with her, or in the alternative, find out and abuse her. As such, she concocted the allegations to creative a narrative where she was the victim to gain sympathy from her partner.
The Result
The matter proceeded to trial which took place over the span of three days. The complainant and her boyfriend both testified and were thoroughly cross-examined. Through this cross-examination, it became clear to the Court that the complainant was not being truthful. Our client also testified, as he wanted to express his innocence to the Court. He was thoroughly prepared prior to trial, and the presiding judge ultimately found that the complainant was not credible and that he believed our client. Counsel was also able to demonstrate that the messages our client had sent to the complainant were not sent after he had been released, but immediately before being arrested. As a result, our client was found not guilty on all charges.