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Committal, DNA and CCTV

Our client was charged with holding a woman against her will and sexually assaulting her in the bathroom of a Sydney nightclub.

Police then tried to link him with a “similar” incident some 12 months earlier. They charged him with offences relating to both incidents, each primary offence attracting a penalty of 20 years jail.

We quickly subpoenaed CCTV footage which, although unclear at times, was evidence that the alleged victim of the first offence consensually entered the bathroom with our client (in direct contradiction to her assertion that she was pushed in there against her will).

We then made successful application for both alleged victims to be cross-examined at committal. One of the alleged victims refused to come to court and that charge was withdrawn.

Of the remaining charge, we used the CCTV and evidence from our DNA expert that what was allegedly incriminating DNA evidence could easily have got there by accident.

After careful jury selection by one of our expert barristers, our client was found Not Guilty.

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"He's got a very good tactical mind and is good with strategy ... great advocacy and comes to grips with the evidence."

The Sunday Telegraph, 2013

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