In a decisive court victory, Steven Mercael, Principal Solicitor at Criminal Lawyers Group, has secured a Not Guilty verdict for a client charged with Affray following an incident at Bondi. The result comes after a diligent and independent investigation by our office uncovered crucial dash cam footage—evidence that police failed to obtain during their investigation.
Background of the Case
Our client was charged with Affray, a serious offence under section 93C of the Crimes Act 1900 (NSW), following a confrontation at Bondi that police alleged involved violent and threatening conduct in a public place. The charge carries a maximum penalty of 10 years’ imprisonment on indictment, and a conviction would have had serious consequences on the client’s employment, travel prospects, and reputation.
Despite the gravity of the allegation, police relied heavily on selective witness statements and failed to properly canvass ALL available CCTV or dash cam footage from the surrounding area.
Critical Evidence Uncovered by Our Office
Upon reviewing the police brief, our defence team identified major gaps in the investigation, including the failure to obtain any video footage of the incident—despite it occurring on a busy street during daylight hours with plenty of parked vehicles.
Our office undertook proactive inquiries, personally attending properties and businesses near the scene. After door-knocking local residents and drivers, we successfully obtained dash cam footage from a witness who had not been contacted by police.
The footage showed a drastically different version of events—demonstrating that our client had acted defensively, and in fact attempted to de-escalate the situation.
Outcome in Court
At hearing, the footage played a pivotal role in undermining the prosecution’s case. It clearly contradicted the prosecution narrative and supported our client’s account of events.
The court found our client Not Guilty of the charge of Affray.
Comment from Steven Mercael
“This case highlights the importance of not taking police allegations at face value,” said Steven Mercael. “Our client was facing a serious charge of affray based on an incomplete investigation. Had we not intervened to locate this footage, the outcome could have been vastly different.”
“Our office is committed to going the extra mile to ensure every piece of evidence is considered. In this case, justice was only served because we did what the police did not.”
The Importance of Expert Legal Defence for an affray charge
Being charged with Affray or any violence-related offence can have devastating consequences. Without early legal representation, individuals risk:
- A criminal record that affects employment and travel
- Possible custodial sentences
- Adverse findings that can impact family or immigration matters
Police investigations can be rushed, biased, or incomplete. That’s why it’s critical to engage experienced defence lawyers who will investigate independently, challenge the prosecution, and secure the evidence that tells your side of the story.
Charged With Affray or Public Violence?
If you or someone you know is facing charges of Affray, Assault, or other public order offences, don’t leave your future to chance. Steven Mercael and the team at Criminal Lawyers Group are here to provide expert, confidential legal advice and representation across all courts in NSW.
📞 Contact us today for a confidential consultation at www.criminallawyersgroup.com.au/contact.
We are available 24/7 for urgent advice and representation.