Police to pay $5000 costs

STATE Police will have to pay $5000 to a solicitor who punched a man at a housewarming party in self-defence.

Jarad Maher went to trial in May 2019, after he struck Bundaberg’s Dean Pozzan in the nose at July 2, 2016, party.

According to Mr Maher, Mr Pozzan was “advancing” throwing punches, so he threw one back. The pair, drinking at the house-warming, exchanged “unpleasant words” earlier in the afternoon.

On the night, Mr Maher told police he had acted in self-defence. He wasn’t charged until November 29, 2018.

At a two-day hearing in Southport Magistrates Court, almost three years later, he was found not guilty of assault occasioning bodily harm.

Mr Maher was initially refused costs from Queensland Police but it was overturned.

On appeal Mr Maher argued the magistrate didn’t take into account the delay in speaking to a key witness, the lack of detail in the complainant’s statement, and the “unexplained delay” in charges.

He also argued an order for costs was supported because the charge was dismissed due to insufficient evidence and not on technical grounds. Mr Maher had previously been given $1500 in costs for delays to the trial.

In granting an appeal, Judge David Kent took into account Mr Maher’s quick admission, prosecution failure to get a statement from key witness Andrew Kyle, and an unexplained delay. He also noted lack of success by the prosecution for reasons “which should’ve been obvious”.

“The prosecuting authorities had clear notice from the outset it would be necessary to disprove self-defence beyond reasonable doubt. Their failure to obtain the statement from Mr Kyle in a timely way and properly consider its contents meant a poor assessment of the prospects of success was apparently made,” Mr Kent’s judgment says.

Judge Kent accepted Mr Maher’s argument higher costs should be awarded as the case was deemed of “special importance” due to his occupation.

“… the appellant was a member of a profession which required mandatory reporting (to the Law Society). Had he been found guilty, the professional consequences could well have been significant.”

Police were ordered to pay $5000 to cover trial costs but do not have to pay the appeal bill.