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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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South Australia I was assaulted by off duty police officers

Customer Question

South Australia
I was assaulted by off duty police officers and I defended myself from the attack.
I was charged with multiply assaults.
I done all the necessary procedures with a lawyer to obtain the CCTV immediately. The initial lawyer I used was not honest. My experience with lawyers, they lie to my face! I feel like she was working with the police. I changed lawyers after 4 months.
Through the process from beginning to the trial, the prosecutor kept adjourning and kept making excuses for the CCTV. At the pre-trial conference the magistrate asked the prosecutor “Where is the CCTV.” The prosecutor replied “There is no CCTV.”
Question? Do they take legally binding notes and can they be used in the court at a later date?
The charges were dropped Appox.3 days before the trial. The only reason I accepted “no costs” was
1. I need a clear Police record for my chosen career, it was a big risk going to trial.
2. The witness on my side were scared to take on the police in court, as stories circulate about their revenge techniques.
3. There was no CCTV
The CCTV would have proven that they were lying. There was big holes in their accusation.
I sent a letter to the SA Commissioner of police after the charges were dropped. Then the police internal affairs made contact with me. I made an official statement to the internal affairs and they said there was CCTV. About 4 weeks later the internal affairs showed me the CCTV. I know it was tampered with, they were acting annoyed that I was making that suggestion.
If the CCTV is now deleted when I have written letters asking the police not to delete as I want an external forensic examination. Can I claim back all legal costs associated? and more?
Submitted: 2 years ago.
Category: Australia Law
Expert:  Leon replied 2 years ago.
Good EveningMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.Are you saying that the Prosecutor has advised the court that there was CCTV footage?Do you have a copy of all the police evidence?Do you have a copy of the confirmation about the CCTV footage from Internal Affairs?Costs are not usually awarded in criminal proceedings.