Canberra Police and Prosecutors Slammed Over “Egregious” Conduct in Botched Family Violence Case
A magistrate has launched a scathing attack on Canberra police and prosecutors, labelling their conduct in a recent family violence case as “egregious” after all charges against a man were sensationally abandoned. The man’s legal team is now demanding an apology and compensation for what they describe as a “terrible miscarriage of justice.”
The case, which saw a man facing 14 family violence charges, including allegations of sending threatening text messages to a former partner, collapsed entirely on Friday. This came after police conceded they had no evidence to prove the man had sent the messages in question.
The dramatic turn of events unfolded during a court hearing earlier this month. Under rigorous questioning from the man’s lawyer, Peter Woodhouse, police were forced to admit that an examination of the complainant’s phone had revealed different evidence. When pressed by Mr Woodhouse, a police officer acknowledged that the available evidence “tends to establish that the complainant sent the anonymous text messages to herself,” specifically on September 12th. The officer further conceded that this would mean the complainant had lied to the police.
The Accusations of Fabricated Evidence
The legal proceedings began with significant fanfare last year when the ACT’s tactical response team executed a raid on the man’s home, which he shares with his mother. According to his lawyers, the man’s front door was “blown up,” and he was subsequently “dragged into the street in his underpants” while police officers pointed automatic weapons at him. He spent two weeks in jail in October before being released on bail.
A Pattern of Delay and Neglect
Mr Woodhouse informed the court that correspondence indicated the ACT Office of the Director of Public Prosecutions (DPP) had been aware of a “serious problem” with the case since late January. Magistrate Jane Campbell echoed these concerns, stating that the “entire conduct of both the police and the DPP to be egregious.”
Magistrate Campbell highlighted the significant prejudice suffered by the defendant, who had entered a plea of not guilty in September, with further charges laid in October. She described the police’s dawning realisation that the complainant may have fabricated evidence as “extremely damning.”
“The DPP presumably have that knowledge and have had that knowledge since [January 24] … and no-one has done anything about it,” Magistrate Campbell stated with evident disbelief. “I am so surprised that the DPP has not made a determination about this matter, even by March 20, so two months after receiving notice about the information.”
The DPP’s Defence and Police Review
In response to the magistrate’s strong criticism, the office of the DPP issued a statement defending its handling of the case and the perceived delay. A spokesperson explained that the matter involved “multiple alleged family violence incidents over several years, with 14 charges,” and that the material provided by police included photographs of alleged injuries and audio-visual evidence. The spokesperson asserted that the “nature and seriousness of the claims required careful consideration.”
However, the DPP statement also noted that the “complete police report, suggesting an adverse view of the complainant’s evidence, was not received until March 18.” They maintained that they responded “within seven business days of receiving the material” and that it was “not correct that the DPP did nothing. The DPP made prompt disclosure to the defence solicitor.”
ACT Policing confirmed that a review of the situation is currently underway to identify any lessons that can be learned from the events. In their own statement, ACT Policing maintained that the information was “properly sent to the defence and the DPP.”
A Call for Accountability
Despite these assurances, Mr Woodhouse stated that the official responses offered little solace to his client. He issued a strong statement on behalf of the man, saying, “Regardless of whether the law enforcement officials involved in this matter acted in good faith, negligently or were influenced (consciously or subconsciously) by the current ‘believe all women’ political climate, the simple fact is that my client has been the subject of a terrible miscarriage of justice and is owed an immediate apology. No innocent person should be subject to such a harrowing ordeal.”
