Case closed, costs covered
AFTER almost a year since pleading not guilty to an alleged assault, Daniel Robert Benjamin Walker walked away from Proserpine Magistrates Court on Monday with the case dropped by police and his legal costs covered.
Just three days before the hearing, police offered no evidence in regards to an assault causing bodily harm charge which left Magistrate Simon Young fuming at "under-resourced” police prosecution.
Taylor's solicitors John Taylor said the process had come at significant cost to his client, including legal fees and skipping work shifts for court.
"It was only last Thursday we had a phone call from police about not proceeding,” he said.
"If they didn't have the evidence, they should have dealt with it a lot earlier.”
Police prosecutor Hannah Beard said the case was dropped on a technical grounds "which had to do the medical certificate and incorrect test for bodily harm being applied”.
The court heard counsel had been made aware as soon as Senior Constable Beard "found out”.
"There was no deliberate action by police to prolong the process,” she said.
Mr Young expressed his frustration; "I went through a stage of 18 prosecutors in eight to nine months, this file falls within that.
"The disruption and discontinuity that causes the prosecution of matters is clearly something we are still feeling even at this remove.
"It is not a reflection on Snr-Constable Beard, it is a reflection on the capability of prosecutions to be able to consider at an appropriate time before the matter is set down for hearing whether or not the matter should proceed.
"Not withstanding that difficulty faced by prosecutions that they have done their best to resolve and from time to time have been unable to do so.
"Although I note there have been four prosecutors including beard involved in this matter.”
Mr Young granted the defence application and ordered the police to cover $1165 in legal costs for Mr Walker.
The Cannonvale man pleaded guilty to two charges of contravening a police direction and unlicensed driving.
The court heard on May 12 last year Walker was intercepted while driving unlicensed and failing to bring his identifying particulars to the police station within seven days.
Mr Taylor said Walker's licence was five days over its expiry date and it had slipped his mind as it was a difficult time in his life.
Mr Young fined Walker $400 for unlicensed driving and $250 fine for contravening the direction.
Convictions were recorded.