Our client's charge of sexual intercourse with a child has been withdrawn early through extensive legal negotiations with DPP

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Our client is a 31-year-old man from Condobolin who has never been in trouble with the law ever before.

In March 2020, police attended our client’s home to arrest him in respect to an allegation that he had sexually assaulted a child a few years earlier when she was allegedly 3 years old. The child referred to was his cousin’s daughter who was living in a granny flat in the backyard of our client’s home.

Our client had offered a place to stay to the father of the child who became homeless and needed help. Around March 2020, there were arguments between our client and the father of the child and our client asked him to leave. Not long after, allegations arose of sexual assault against his daughter.

Police came and arrested our client and took him to the police station where he was offered to participate in an interview. Our client was a vulnerable person with cognitive disabilities and he was not at any stage offered a support person at the station.

He then participated in an interview where he was asked questions by police that were very suggestive and unreasonable/unfair.

Our client was then refused bail and charged with an offence carrying a maximum of life imprisonment, being ‘Sexual intercourse with a child under the age of 10 years, namely 3 years old’.

Our client’s family immediately contacted our Parramatta criminal lawyers. They then spoke to our Managing Lawyer Tayla Regan. Our team instantly commenced preparation for a supreme court bail application in order to get our client out on bail at least for the duration of the proceedings to be better able to prepare and guide him.

In the meantime, we received evidence from the police.

It then became clear that Police were largely relying on an interview of a then 5 year old child to support the charge against our client and a highly prejudicial police interview. Ms Regan saw numerous issues with the evidence and wrote to the Director of Public Prosecutions pointing the issues out.

We further reiterated these concerns at a Supreme Court Bail Application thereafter. After extensive preparation and work, our client was eventually granted bail.

We continued to write to the DPP pointing out the weaknesses in the police case. After extensive negotiations with the DPP, the charge of Sexual Intercourse with a child under 10 years was withdrawn at the time of Charge Certification.

The case was then dismissed at a very early stage in the proceedings. Our client was able to move on with his life without any further legal costs and without the burden of serious criminal allegations in court proceedings.

Published on 16/10/2020