Weak ‘ID’ case identified for burglary  

Months after a burglary offence where a 4WD vehicle along with over $40,000 of property was stolen, police officers commenced an operation whose target was our client. Police received a tip-off to attend a rural property, where it was alleged that our client sped off on a stolen dirt bike and led Police on a 30-minute high-speed chase to successfully evade capture. Two police officers swore statements in which they identified the rider of the dirt bike as our client. After carefully reviewing the evidence, and despite DNA evidence obtained before the pursuit showing our client was in possession of the 4WD vehicle and some of the stolen property from the burglary, we advised our client to plead not guilty to both the burglary and police pursuit charges as we considered the prosecution would not be able to prove beyond reasonable doubt that our client was the offender in relation to those charges. Before the charges proceeded to trial, the prosecution conceded they would not be able to prove our client was guilty of the burglary or the police pursuit and applied to discontinue those charges. We successfully obtained a costs award.