Police attended a 31 year old man’s home and arrested him with respect to an allegation that he has sexually assaulted a child a few years earlier when she was alleged to be 3 years old. The child was his cousin’s daughter who lived in the same suburb as him, Condobolin NSW.
The man had offered a place to stay to the father of the child who became homeless. Arguments arose between Ms Regan’s client and the father of the child, which led to Ms Regan’s client asking him to leave. Not long after this, allegations arose of sexual assault against his daughter.
He had never been charged with a criminal offence ever before and was fearful of the likely lengthy court process ahead of him to defend the charges.
The man was a vulnerable person with cognitive disabilities and when offered to participate in an interview, police did not at any stage offer a support person at the station.
As a result, he participated in an interview where he was asked questions by police that were very suggestive and unfair.
Ms Regan’s client was then refused bail and charged with an offence carrying a maximum of life imprisonment.
Ms Regan instantly prepared a supreme court bail application for his release. During the wait for the application, evidence was served by the police which made clear that police were largely relying on an interview of a then 5 year old child to support the charge against our client as well as the highly prejudicial police interview.
Ms Regan raised these concerns at a Supreme Court Bail Application, where he was granted bail.
Thereafter, Ms Regan contacted the DPP pointing out the weaknesses in the police case. After extensive negotiations with the DPP, the charge of Sexual Intercourse with a child under 10 years was withdrawn at the time of Charge Certification.
Thankfully, the case was dismissed at a very early stage in the proceedings and our client was able to move on with his life without the burden of serious criminal allegations in court proceedings.
