Horse stealing charge

A Station Overseer in the Pilbara, was charged with stealing as a servant and unlawfully using an animal, namely cattle belonging to his employer. We determined the prosecution would be unable to prove our client had a fraudulent intent when taking the horse. We also argued he had reasonable grounds for believing he had permission to use the employer’s cattle. Our client pleaded not guilty on our recommendation. The prosecution eventually agreed (on the morning of the trial) it would be unable to prove the charges and offered no evidence. The Magistrate dismissed the charges and ordered the prosecution pay costs.