Case: Serious Intervention order and Stalking charges withdrawn.
Our client was charged with 15 breaches of an intervention order, stalking and using a carriage service to harass an ex-partner (the complainant). Client was at work on night shift for many of the allegations but agreed that he did breach on one occasion by sending an email.
Charges/ Ch1 to 12 (Breach IVO); Ch13 to 15 (Persistent Breach IVO); Ch16 (Careless Drive); Ch17 (Use Carriage Service to Harass); Ch18 (Stalking)
Result/ Ch 1, 3 to 18 withdrawn; Ch 2 Plead Guilty: $1500 fine with conviction
Our lawyer argued that the police pre-judged our client’s guilt by charging him without an interview, and then did not follow up on his alibi. Further, the alleged phone calls and SMS messages were not from our client’s phone; one of the police witnesses had lied on oath as to not knowing the complainant when they had been communicating via SMS and phone calls, with one of these messages saying that the complainant had deleted incriminating SMS messages about the case. The prosecutor agreed to withdraw the bulk of the charges. We argued for a non-conviction but our client had prior history for IVO breaches.