The Court: Moorabbin Magistrates Court
The Lawyer: Tom Woodward
The Charges:
The Allegations:
The client and complainant worked for a security company. Whilst attending a job, the client asked one of the young female employees (the complainant) onsite to assist him in locating a power source. The prosecution alleges that while they were both kneeling, the client placed his hand on the complainant’s upper leg and later touched the bottom as she stood up.
The complainant alleged that the touching was intentional, unwanted and of a sexual nature, making her feel very uncomfortable during the incident. The following morning, the complainant confided in a close friend about the incident. The friend encouraged the complainant to report the matter to management and the police. The client was subsequently charged with Sexual Assault.
At Court:
The client instructed our solicitor to contest the matter, as he denied the allegations. The brief of evidence contained statements from the complainant and a witness, the complainant’s friend. Following a few preliminary hearings, the matter was ultimately booked in for a one-day contested hearing.
Our solicitor had arranged for the client’s boss to provide evidence regarding his character, highlighting his outstanding service of over 10 years to the company and confirming his unblemished record.
The complainant was cross-examined, and it was revealed that she had a history of mental health issues. The victim’s friend was also cross-examined. During that cross-examination, she added to her original statement to police, casting doubt on her credibility and inferring she had since colluded with the complainant.
The Outcome:
These facts were enough for the Magistrate to find reasonable doubt existed. The client was acquitted, and the police were ordered to pay the client’s legal costs.
