Earlier this month, Zoe Kansky instructing Barrister, Damian Walsh appeared in the District Court for our client charged with assault occasioning bodily harm. It was alleged that our client, an experienced Security Guard, punched and kicked the complainant during his eviction from a Brisbane bar. Our client maintained since his arrest that he used reasonable force during the eviction and was innocent of the charges. This was consistent with our view of the evidence and he instructed us to contest the charge and proceed to a jury trial in the Brisbane District Court.
After three days of evidence and cross-examination by Mr. Walsh of seven Crown witnesses, it was clear to all parties that the Crown case was flawed which compelled the Office of the Director of Public Prosecutions to reconsider their position on continuing the prosecution. Later that day, the Crown formally entered a nolle prosequi to the charge.
'Nolle prosequi' is a traditional Latin legal term that means "no prosecution" or "unwilling to pursue" whereby the Crown will not proceed upon the indictment and the accused person is discharged from further proceedings.
This was an excellent result for our client who is now able to move forward and focus on his employment and family.