Our client was charged with aggravated common assault following an incident involving a boarder at our client’s home. We considered the evidence and were of the view it could not withstand cross-examination and advised our client to defend the charge at trial. At the same time, we encouraged the prosecution to drop the charge, which they declined.
On the first day of trial and under cross examination the complainant gave such an inconsistent version of events that before cross examination had even concluded the Magistrate took the unusual step to pause proceedings to remark that he found the complainant to be so unreliable that he could not convict upon her evidence alone. Not even this observation could persuade the prosecution from offering no further evidence.
Nevertheless, after the close of the evidence and without needing to hear much of our closing argument, the Magistrate took little time in deciding the prosecution had not come close to proving the charge beyond reasonable doubt and acquitted our client with full legal costs awarded.
