Fraud charge successfully defended - Obtaining a financial advantage - police ordered to pay client’s legal costs
Represented a client who was charged with obtaining a financial advantage from an elderly lady who she cared for professionally.
The client was charged with defrauding the elderly lady of almost $30,000.
The police relied on a strong circumstantial case and, initially, a statement from the alleged victim.
The victim would not be called to give evidence, due to her mental state, and the police sought to rely on her statement due to her inability to give evidence. We successfully argued that the statement was inadmissible due to a provision of the Evidence Act.
Although the police were extremely confident with the charge, we allowed the police to tender the entire police evidence, unchallenged.
Not only was I successful in having the charge dismissed by the Court, we were also successful in persuading the Court to order the police to pay the client’s legal fees!