$20K for ‘bizarre’ case
Judge slams police after man cleared of assault and rape allegations
The undermining of that charge and the importance that that had upon the case overall is significant. Judge David Sharp
Aman accused of forcing his girlfriend to get breast implants has been awarded $20,000 by a judge who criticised the police investigation into her “bizarre” allegations.
The 27-year-old faced 36 serious criminal charges, including numerous violent assaults and rapes over a two-month period, and would have spent between 16 and 18 years in prison if convicted.
He was alleged to have locked the woman in his bedroom for three days without food or water, tortured her with pins until she bled, forced her to walk around Cornwall Park naked on her hands and knees leashed like a dog, and pressured her into breast surgery. But the charges were dropped a week before the trial and the man took legal action against the police to recover some of the legal bill he spent fighting the case.
Judge David Sharp awarded him $20,000 and defence barrister Graeme Newell told the Herald on
Sunday he would ask the police to investigate the woman for laying a false rape complaint.
In his written decision, Judge Sharp described the late disclosure by police of medical evidence, which undermined the credibility of the complainant, as “negligent”.
“The claim of kidnapping and abuse took place at a time either when, or very soon after which, the complainant was medically examined. It provided no indication of injury or discomfort,” said Judge Sharp. “This is inconsistent with what the complainant alleged in a way that undermines her evidence significantly.
“The evidence of the postoperative checkup does to an extent establish the innocence of the de- fendant at least as far as the kidnapping charge is concerned.
“The undermining of that charge and the importance that that had upon the case overall is significant.” While the prosecution acted in good faith, Judge Sharp said the evidence was “insufficient” and the Crown acted appropriately in withdrawing the charges when the medical evidence came to light.
The violent sexual abuse allegedly occurred between August and October 2013 during a consensual romantic relationship, which ended in March 2014. This long timeframe of “bizarre” abuse was described as “unusual” by Judge Sharp, although the police maintained this was because the man held a psychological grip over the woman.
The woman laid a complaint April and he was arrested nearly a year later in February 2015. The charges were dropped in November 2015.
As part of the application for costs, Newell said the financial dispute was a motive for a false complaint.
Bank and travel records corroborated part of the complainant’s story and her credibility had been expertly assessed, the Crown said.
Taking everything into account, Judge Sharp concluded it was “more likely than not” that the man did not commit the offences alleged.
Detective Inspector Scott Beard said police were “currently reviewing the file to establish what lessons, if any, could be learnt from the investigation”.
Newell said the police inquiry suffered from “tunnel vision” and his client was forced to investigate matters which the police should have conducted before they charged him.