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Our 27-year-old client who worked in kitchen maintenance was charged by the NSW Police with common assault domestic violence allegations. Police alleged that our client had picked his partner up before slamming her on the floor causing injuries to her knee and hand.
Our client gave a voluntary interview after being arrested where he denied the allegations.
What actually happened was that our client had blocked a kick from her in self defence which caused her to fall and sustain some injury.
When he called our CDLA office, our specialist criminal defence lawyer Ahmad Faraj provided comprehensive advise, and after careful review of the entire case, including police evidence, he successfully ran a self-defence case for our client.
On the morning of the hearing date at the Downing Centre Court, the prosecution tried to sneak in new evidence, being a further statement to strengthen their case. Thanks to Ahmad’s quick thinking in court, the prosecution failed to adduce this new evidence after it was vigorously objected upon.
In addition, the prosecution also tried to adjourn the hearing to another date, and this was also successfully opposed and objected to by our Ahmad.
During the hearing, Ahmad conducted exceptional cross examination of the prosecution witnesses. As a result of Ahmad’s strong approach and hard stance, the alleged victim (partner) gave inconsistent evidence. These inconsistencies led to the court finding a reasonable doubt in the prosecution case and eventually returned a ‘not guilty’ verdict to our client.
As a result the charge and apprehended domestic violence order was dismissed. This is yet another example of how the prosecution will try to use unfair tactics on the morning of a defended hearing in order to try to secure a conviction. It is important to ensure that you have a defence lawyer with experience by your side to be able to think quickly, and do so with a hard stance to protect your rights.