Police break protocol

Our client, the son of a police officer, was charged with a number of traffic related offences including reckless driving, drink driving and failing to stop for police. On the first day of trial, crucial police witnesses failed to attend.  In the lead up to the second trial date, the prosecution offered to downgrade or discontinue some charges consequent on pleas of guilty to some charges. Our client declined those offers, and was adamant that he wanted to take the matter to trial. The prosecution then exercised their discretion to to upgrade the reckless driving charge to have been committed in an aggravating circumstance of police pursuit. That meant our client was facing a mandatory 6 months imprisonment if convicted. Certainly that changed the risks associated with going to trial, particularly where the prosecution case rested upon the evidence of two seemingly decorated and respected police officers. Shortly prior to the second trial date, the prosecution then offered to downgrade the charge back to its original form, if our client pleaded guilty. We considered it was a strategy to pressure our client into pleading guilty but still he maintained his innocence. On the morning of the trial, the prosecution applied to downgrade the reckless driving to remove the circumstance of aggravation. The prosecution then applied to discontinue the fail to stop charge and the trial proceeded on two charges. During our cross-examination of the first key police witness, we questioned him about internal police policy that we had summonsed and fought to get a copy of (disclosure was opposed by the police). During that line of questioning the prosecution asked for an adjournment. Having called into question the lawfulness of the police officer’s conduct, the prosecution made an application half-way through the cross examination of the officer to halt the evidence and abandon the trial.  The Magistrate entered judgements of acquittal in relation to the charges and we were awarded significant costs in the matter.