A Sydney man is seeking more than half a million dollars in damages from the NSW Government for maliciously prosecuting a false rape claim made against him by his North Shore paediatrician wife. A jury acquitted the man, who cannot be identified for legal reasons, of rape, domestic violence, assault and other charges in 2017 after Sydney District Court Judge Mark Williams issued a rare Prasad direction. A Prasad direction allows a jury to find a defendant not guilty any time after the close of the Crown in cases where there is insufficient evidence to justify a conviction. On legal advice, the man had pleaded guilty to two counts of domestic violence — relating to an email and damage to his then-wife’s mobile phone (after discovering explicit text messages between her and another man) but the judge dismissed those charges without recording a conviction. The man spent 32 days in jail on remand, an “extraordinarily difficult” experience given he had no criminal record and one that continues to haunt him to this day. “I was never far from ending it all after my release from prison,” he told news.com.au yesterday. “The actions of police were so deliberate and savage that it made me doubt everything.” The judge slammed the case against the man as “most unsatisfactory” and said prosecutors had failed to take into account “cogent and consistent objective evidence” that backed up the man’s claim that the sexual encounter at the heart of the rape charge was in fact consensual. Defence lawyer Greg Walsh told the court the man and his legal team took photographic evidence that corroborated his story and discredited hers to the police, but it was ignored. “Was it ideological, was it wilful blindness? I don’t know,” Mr Walsh said. “All the evidence pointed to the fact that this was an innocent man who should not have been charged.”
April 2, 2019
ISS Health Services has a s.372 (Application to deal with other contravention disputes) to face before Commissioner Platt in his Adelaide chambers (Raymond).
April 2, 2019
A s.185 (Enterprise agreement) application by Kellock Lodge Alexandra Inc for the Kellock Lodge Alexandra Inc, ANMF and HSU Enterprise Agreement 2017 has been ratified by Fair Work Deputy President Masson in Melbourne on 26 March 2019.
April 2, 2019
A s.394 (unfair dismissal) application by Ross Wunungmurra citing the East Arnhem Regional Council has been rejected by Fair Work Commissioner Bissett sitting in Melbourne on 27 March 2019.
March 29, 2019
An application for approval of the St John Ambulance Australia SA Inc Employees Enterprise Agreement 2018 (s.185 – Application for approval of a single-enterprise agreement) will be reviewed by Fair Work Deputy President Anderson in his Adelaide chambers.
March 29, 2019
Australian Regional and Remote Community Services Limited has a s.739 (Application to deal with a dispute) with which it must deal before Fair Work Commissioner Simpson in his Brisbane chambers (Trevena)
March 29, 2019
Life Without Barriers is facing a s.739 (Application to deal with a dispute) today with Deputy President Saunders presiding at Level 3. 237 Wharf, Newcastle (King).
March 29, 2019
Supported Tenancy Accommodation and Respite Tasmania Inc has a s.394 (Application for unfair dismissal remedy) to defend in front of Fair Work Commissioner Lee in his Melbourne chambers (Courtney).
