Our client and his ex-wife were going through a divorce, which involved disputes about custody and access of their daughter. Our client attended an after-school program for his daughter, while his ex-wife was waiting for their daughter to finish. There was a verbal confrontation between our client and his ex-wife. According to the ex-wife, our client pushed her into a cement pillar. Two independent witnesses provided different accounts. Our client denied pushing his ex-wife and could not explain how she came into contact with the pillar. In the end, she suffered scrapes and bruises as well as a concussion.
Our client was charged with aggravated assault. In the lead-up to the trial, defence counsel persuaded the prosecutor not to proceed on a charge of aggravated assault, which was reduced to assault causing bodily harm. At trial, defence counsel cross-examined the complainant and the witnesses, while our client testified in his own defence. Counsel argued that our client’s actions were unintentional and that the ex-wife deliberately overreacted in order to use this incident in her family court case. The trial judge found that the ex-wife had lied to the police, the prosecution, and the court and that it was possible that she had set-up the confrontation.
RESULT: Our client was found not guilty.