Our Mr Francis Caesar Devine represented a client accused of assaulting his former intimate partner, which was heard over a two day hearing in Raymond Terrance Local Court at the end of last year. During extensive cross-examination of the complainant, Mr Devine made significant inroads in her evidence and identified glaring inconsistencies, resulting in her credibility being irreconcilably damaged. Despite the Prosecutor’s best efforts to re-establish the complainant’s credit, the Magistrate ultimately rejected the complainant’s evidence.
Adding some complexity to the matter were text messages from our client containing admissions of an assault. This required Mr Devine to persuade the Magistrate to accept our client’s evidence of his explanation for why he made those admissions. Often, it is extremely difficult to go back on or ‘water down’ the prejudicial effect of an admission. Fortunately for the client, Mr Devine’s arguments were successful.
After reserving Judgment for over three months to consider the complicated factual issues, her Honour found our client NOT GUILTY.
