September 26, 2014

Police v BT

Key Words: Apprehended violence application – allegation made in course of employment – application withdrawn and dismissed

Facts:

The defendant, BT, and the applicant were co-workers at an ASX 200 company. The applicant’s allegations were that during the course of employment the defendant and the applicant had a verbal disagreement after which the defendant is alleged to have grabbed the arm of the applicant causing her to feel pain through her arm and feel scared. The defendant is then alleged to have threatened the applicant to the effect that if the applicant did not do follow the defendant’s arguments then the applicant would be made redundant.

The defendant made a formal victim to her employer and the matter was investigated internally by the employer. The applicant made a private application for an apprehended violence order (AVO) naming herself as the protected person.

Outcome:

The defendant opposed the AVO and the matter was listed for hearing before the Local Court. Representations were made to have the charge against the defendant withdrawn. Those representations were successful and the charge was withdrawn and dismissed on the morning of the hearing.