26th February 2019 (amended 29/03/2019)
Department of Public Prosecutions Withdraw Charges
- For Immediate Release
In the early hours of 23rd of December 2016, six members of the New South Wales Police force attended my residence. I allowed then to enter my property after they had properly identified themselves. I was immediately, without question or explanation, taken into custody and conveyed to my local New South Wales Police Station. I was then formally charged with the offence of; Stalk/intimidate intend fear physical etc harm (domestic) T2 Crimes (domestic and Personal Violence) Act 2007. (Law part code 70753).
I was charged with an offence that was alleged to have taken place as early as 2014, two years earlier. This was despite the fact that at that time I was not in a domestic relationship and had not had contact with the alleged victim for over twelve months. I was refused bail, and held in custody, despite the fact that I still had not been provided with any information or paperwork in relation to the actual charges. I appeared before a Magistrate the following morning at which time was immediately released on bail.
As a condition of bail a temporary protective order was put in place. Prior to this time there had never been any protective order, restraining order, domestic violence order or similar in place. I at no time prior to the 24th of December 2016 had I been ordered not to contact my ex wife. At no time after this date was I EVER found guilty of breaching this order. In fact I have never been found guilty in any court or criminal jurisdiction or breaching a court order.
Upon my release from custody I was provided with the official charge sheet which included the specifics of the charge. The basis of the charge alluded to a series of emails that had been sent to my ex-wife. The material detailed a total of six emails which were in no way threatening, harassing or violent in nature, and in fact two of the six emails were replies to conversations initiated by the alleged victim.
On the next court appearance, I immediately entered a plea of not guilty to the charge, and furthermore invoked my right to elect to have the matter dealt with in the District court. This election was made so that I was able to benefit from a trial by jury.
Between 23rd December 2016 and 8th February 2019, I attended court on thirty-seven occasions. On each mention at court, the Department of Public Prosecutions requested further time to gather and serve a brief of evidence in relation to this charge.
Finally, on the 8th of February 2019, seven hundred and seventy-seven days after being charged with a crime I did not commit, the Department of Public Prosecutions formally withdrew the charge. They offered little explanation to the magistrate or myself upon making the application for withdrawal, other than the statements; “No evidence to support claim” and “No likelihood of successful prosecution”.
An application was made to the court in relation to costs, due to the mismanagement and misconduct of officers involved. A sum which I am not at liberty to disclose was agreed upon, and an order for such payment to me was ordered by the court.
As of the 8th of February 2019, I have no charges involving stalking, harassment, intimidation or similar pending or otherwise outstanding. I maintain my innocence in relation to the above-mentioned charge and believe this was proven when withdrawal was made. I was forced to endure seven hundred and seventy-seven days of court appearances for the matter to ultimately be entirely dismissed without charge. And the tax payer was left to pay the bill at the end of the matter.
All of the details of this case are a matter or public record, and I encourage anyone to seek details in the facts as listed in court documents.