Our client was alleged to have assaulted his partner during a drunken argument. Due to their level of intoxication at the time of the alleged incident, neither our client nor his partner could give police an account of how the partners injuries were sustained. Despite the lack of clarity and his partner’s reluctance for the Police to become involved, her family and the Police continued with the investigation and prosecution.
When our client first came to us his priority was to see and communicate with his partner, as bail conditions urged by the Police and imposed by the Court were preventing the couple’s desire to be together. The thought of waiting 6-8 months to get to trial was very difficult for our client to accept, so much so that he was initially tempted to plead guilty.
We strongly advised and our client accepted our advice against pleading guilty, given the weakness of the prosecution case and the serious consequences of a conviction. On the day of trial, all the prosecution witnesses attended court except for his partner. The prosecution case could not proceed without her and consequently, the prosecution had no evidence to offer. Our client was acquitted of the charge and we successfully obtained the costs of legal expenses from the prosecution.