Our client came to us distraught, and in disbelief, on learning she had been charged with assaulting three foster children in her care. The police investigation was mediocre and fraught with errors. One example came at the commencement of the trial, when we urged the prosecutor to make amendments to nine out of fourteen charges just to ensure the correct complainant was identified and thereby ensure our client received a fair trial.
The evidence adduced at trial presented our client in her true light, as a model foster carer providing the child complainants a caring and loving home. There was no evidence to suggest that the alleged assaults were anything other than entirely minor discipline of the children and the prosecution failed to prove that the force used was unreasonable in any way. After cross examination of one of the complainants the prosecutor conceded the child was wholly unreliable and there was insufficient evidence to support two of that child’s allegations. At the conclusion of a two day trial the Magistrate acquitted our client on all charges and we successfully obtained a costs award for legal fees incurred in defending the matter.
