Our client 29-year old client was charged with a domestic violence offence of intentionally or recklessly destroy/damage property offence. She had pleaded not guilty to it and contacted our CDLA Sydney office when she was given advice and representation by our criminal lawyer Bashir El Kheir of our office to appear at her local court hearing at Burwood Court.
In preparation, our Bashir carefully analysed the prosecution evidence, prepared the defence evidence and submissions, and conferred with our client to prepare her to give evidence at the hearing.
On the morning of the hearing, the complainant failed to appear at Court despite having been served with a subpoena by the Police. On the day of the hearing, the Officer in Charge for the prosecution had made several attempts to establish contact with the complainant and eventually made contact with the complainant by attending his home.
The Officer in Charge returned to Court and advised the parties that the complainant is not cooperative and is unwilling to give evidence to support the prosecution case. The matter was then mentioned before the Magistrate at Burwood court. The Prosecutor then made an application to adjourn the hearing date on the basis that the complainant has failed to appear at Court.
In support of the application, the Police Officer in Charge was called to give evidence. In summary, the Officer in Charge gave evidence that he has taken all reasonable steps to ensure the complainant’s attendance at Court, and the subpoena to attend was tendered in evidence as an exhibit.
Our Bashir prepared cross-examination questions and submissions to establish that the Police have not made all reasonable steps to secure the complainant’s attendance, that the complainant will continue to be uncooperative. Our Bashir also prepared submissions that the Court could have no confidence that the complainant would appear on the next occasion in court, and it would be against the interests of justice to grant the adjournment application at the expense of Court and the parties including our client.
The Local Court Magistrate at Burwood agreed with our Bashir’s forceful submissions opposing the prosecutions’ application to adjourn proceedings. The Court rejected the adjournment application.
In the result, the charges against our client were withdrawn and dismissed, including the AVO.
This was an excellent outcome for our client who can now move on with her life without the burden of a serious domestic violence charge or AVO on her record.