JE was charged with ‘Intimidate police officer in execution of duty w/out ABH’. JE pleaded guilty to the offence and his matter proceeded to Hearing at the Local Court.
At the Local Court Hearing, the Prosecution called evidence from the officer-in-charge and from the complainant. There was no CCTV footage from the police station produced in the matter and the police omitted to obtain a witness statement from another police officer who was present during the alleged incident. JE gave evidence in his Defence. Notwithstanding the lack of independent evidence to support the complainant’s allegation, the Presiding Magistrate found JE guilty of the offence.
JE filed a Conviction Appeal to the District Court. At the Appeal Hearing, James Castillo pointed out the various parts of the evidence which cast doubt concerning the complainant’s evidence, as well as the lack of corroborating evidence which the Police consciously did not obtain.
The Appeal Judge reviewed the entirety of the evidence and ultimately, upheld the Appeal, dismissing the charge and finding the appellant not guilty of the offence.