Bruce Coode recently represented a client who was charged with eleven (11) charges by the Police including several counts of Resist Arrest, several counts of Assault Police as well as refusing to leave Licensed Premises when requested to do so, and Offensive Behaviour. Fortunately we were successful in fighting all of the charges and all eleven (11) charges were dismissed by the Court. We were then able to successfully obtain an Order from the Court that the Police pay our client’s legal costs.
The New South Wales Government changed the Law so as to make it harder to obtain an Order that the Police pay a Defendant’s legal costs, even if the Defendant wins the case, however, it is still possible to obtain such an Order.
One of the most important things in that regard is to be in a position to very carefully cross-examine the Police officers when they are giving their evidence in order to bring out information which can then be used to satisfy the tests that apply to the question of whether or not the Police should pay the Defendant’s legal costs. It is crucial that the preparation of the case be done very carefully so that the necessary information to allow a successful Defendant to have a realistic chance of getting their legal costs paid by the Police occurs. It is important that legal advice be obtained at the earliest possible date so that the lawyer can make use of procedures that are available to obtain access to, for instance, notes that the Police officer made in the official Note book, entries made by the Police officer on the daily Event record kept on the Police computer at the Police Station, etc.