Senior Trial Advocate and Accredited Specialist in Criminal Law, Manny Conditsis represented our client who was indicted in the District Court on historical sexual offences alleged against his two biological children, a boy and a girl aged variously between 8-12 years. It was a Judge alone trial.
The defence case centred on the allegations being false and having been brought about by the family dynamics revolving around family law parenting/contact issues, with is former partner.
The trial had some unusual features, including that, neither child corroborated the other in respect of any of the allegations and on the facts of that case, that was striking.
In persistent and strategic cross examination, the credit and reliability of both complainants’ was exposed.
It is always a challenge in trials that evoke intense emotion, whether it be a trial by jury or a Judge-Alone trial, to keep the focus on the facts and on a careful analysis of the evidence.
Following Mr Conditsis’ tactful cross examination of the children, her Honour ultimately expressed the view she could not be satisfied that any of the alleged acts had occurred and acquitted our client of all charges.
The Judge made extensive references in her written judgement to the cross-examination of both complainants by Mr Conditsis when articulating her adverse credit findings against the complainants.
