Written by
Josh Taaffe
Criminal Defence Lawyer
The client was alleged to have driven to an address with two other men who armed with iron bars forced their way into a house and seriously assaulted the occupant. The case against the client was circumstancial - he was said to have borrowed a white four wheel drive on the morning of the offence and there was limited identification evidence provided by witnesses.
At committal, Josh cross examined the witnesses and the man who was said to have lent the 4WD to the client. He established that the 4WD seen at the location of the offence was different in some respects from the car borrowed. More importantly Josh was able to establish that the clothing worn by the client when he borrowed the 4WD bore no resemblance to what he was alleged to be wearing at the location of the offence. The committal demonstrated that there was insufficient admissible evidence to place the client as being involved in the offences.