PPRuNe Forums - View Single Post - Glen Buckley and Australian small business -V- CASA
Old 3rd Aug 2022, 03:44
  #2270 (permalink)  
Squawk7700
 
Join Date: Apr 2005
Location: Melbourne
Posts: 3,883
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I’ve been waiting for this to come up as it appeared to be a very loose and potentially damaging end that needs tying off.

I would expect that they will not be able to give you any information because it probably doesn’t exist, especially under the assumption that you were never interviewed by police regarding the allegation(s).

If you went to a local station to report an assault, the officer that took your enquiry would put it in their notebook, consult with a sergeant and discuss if they think that charges should be laid and a brief of evidence prepared. If a decision is made to not go ahead, it would end there. Have a think about how often this must happen with people dropping in about a tiff or punch at the local pub and nothing comes of it.

Another scenario is that Police were called and the call recorded on 000, meaning that there may be a record of the call, or there would definitely be a job put through which would be also recorded if police actually attended, even if nothing happened afterwards. The issue here being that your name may not even be linked to the call.

The big question here to be answered is…. Is it still assault and stalking if you haven’t been charged or the offence investigated?

Technically, the answer is yes. I can assault someone all day long and stalk them, however if the victim doesn’t make a complaint, no action will be taken and hence nothing recorded.

If there are no records logged, then the allegation becomes one of a civil nature and something to be refuted in court, along with witness testimonies. Of course any judge is going to ask why the alleged assault was not reported to Police and it will hold little to zero weight. In fact the director would be negligent in their job role to not report an assault under their obligations to provide a safe working environment for their reports.

In summary, it sounds like a dirty swipe that’s easy to allege and have potentially damaging impacts in the eyes of the public, but not illegal. Something for your legal team to use to discredit the witness.


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