Our client and the complainant had a long-distance on-again / off-again relationship and have three children together. The couple had broken up a year before the allegations, but they had rekindled their relationship about seven months later. (Importantly, throughout the investigation and trial, the complainant repeatedly claimed that they had never gotten back together.)
On a Friday night, our client walked in on the complainant in her home with another man she met online. Over the course of the weekend, our client and the complainant argued about how she invited a stranger into the house and the complainant eventually said that she wanted our client to leave her house. On the Sunday morning, the complainant called police, claiming that our client threatened to kill her and that he had assaulted her by poking her in the face, spitting in her face, slapping a phone out of her hand, and trying to push her down the stairs while she was holding their baby. After our client was arrested, the police found the complainant’s cell phone in the gas compartment of our client’s vehicle.
Our client was charged with assault, uttering death threats, and stealing the complainant’s cell phone. At trial, the prosecutor agreed that there was insufficient evidence to prove that our client had stolen the complainant’s cell phone. Defence counsel cross-examined the complainant and confronted her with evidence that she had resumed her relationship with our client, contrary to her sworn interview and testimony. Our client also testified in his own defence, denying all allegations.
RESULT: The theft charge was withdrawn and our client was acquitted of the assault and threat charges.