Not guilty: client acquitted of historical sexual offence allegations
In this recent case our client was charged with sexual offences relating to a complainant that the client babysat on several occasions some 22 years ago at the time of trial. The complainant and various members of her family had given statements against the client out of the blue, and some 18 years after the alleged offences. We represented the client from the Magistrates Court stage, progressing the case to a District Court trial.
At the first trial, regrettably the complainant remained in the back of the court after having given evidence. Due to the behaviour of the complainant, James Jackson made an application to abort the trial, which was successful as there was a risk the client might suffer an unfair trial. The trial was re-listed for a second trial a few months later.
At the second trial, James Jackson skillfully cross-examined each of the witnesses, revealing numerous inconsistencies in their evidence. James was also able to demonstrate that much of the evidence was illogical. Further, James obtained critical evidence demonstrating that one of the prosecution witnesses had lied. James presented a detailed and persuasive closing speech which outlined to the jury the many flaws with the prosecution case.
After a few hours of deliberations, the client was acquitted of both charges. This was an excellent result for the client and was consistent with the evidence, which clearly did not meet the criminal standard in this case.