Just a larrikin

Our client was a hard working FIFO worker who had just started a new contract and after a back to back shift, had a few too many on a night out in Fremantle. After leaving one of the pubs, he thought it would be funny to open the door to a parked police van – but police officers didn’t think it was funny and after a short foot chase that went no where fast, our client fell to ground and was placed under arrest. Police alleged that he was obstructing them during their dealings with him (such as verifying his identity and searching him) and that he behaved in a disorderly manner in opening the vehicle doors. Our client initially wanted to plead guilty and have the matter over and done with but we persuaded him to allow us to first review the body worn camera footage. On reviewing the footage, we did not consider the prosecution would succeed on either charge and made a submission to discontinue them. On the next court date, the prosecution pulled the obstruct charge but, unbeknown to us, decided to upgrade it to an assault public officer charge. We made a further submission to the prosecution to discontinue the new charge on the basis that it could not be proved and even if it could our client had viable defence. The prosecution agreed and discontinued all charges. Our client avoided any conviction whatsoever and was awarded costs in his favour.