Costs awarded on back of lies and self-inflicted injuries

Our client was charged with aggravated assault occasioning bodily harm against his former partner. Long after the breakup, our client, in a gesture of good will and decency, allowed his former partner to (‘the complainant’) stay at his house in a time of crisis as she had nowhere to go. After a short time, and due to her behaviour, our client asked the complainant to leave and called the police to assist in her eviction. In the course of the enraged complainant leaving the property, she kicked a side gate which bounced back, hitting her in the face and sustained some injuries. When police arrived, the complainant maliciously alleged that our client had assaulted her causing those injuries.  We advised our client to plead not guilty to the charge. The first trial was adjourned on account of the complainant’s failure to attend Court to give evidence. On the day of the second trial, the prosecution discontinued the charge as it considered it could not prove that our client assaulted the complainant. Our client avoided a conviction and we obtained a considerable costs order paid by the prosecution.