A Nowra man who admitted to “bitch-slapping” his lover repeatedly had all charges dismissed at Nowra Local Court on Wednesday, January 17.
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Magistrate Gabriel Fleming deemed the alleged victim an unreliable witness, after she wavered on several details of the case, such as her relationship with the man.
With her husband out to sea in the navy, the Worrigee woman had “no one” at the time, and so she would “socialise” with the Nowra man.
The 29 year-old woman, who now lives in Queensland, told the court she punched the 39-year-old, starting an altercation after several rounds on drinks on June 10, 2017.
“We were shagging and drinking,” she said on her video statement to police.
“I did punch him in the head, he called me a dirty slut and a few other derogatory things.
“He decided to slap me quite a few times, I punched him back again, he got on top of me and didn’t stop.
“I pleaded with him to stop bitch-slapping me, he kept belting me, it f–king hurt.”
The Nowra man was shaking in court when he observed photos of the woman that showed severe bruising on her jawline, under her lip, and on her thighs.
The magistrate had advised the man to speak up if he disagreed with any testimonies presented at court.
The 39-year-old instead argued he was also at the receiving end of violence in what was a volatile relationship.
“Are you aware of the constant harassment towards me, and the history of violence?” he asked the police officer, who presented evidence at the hearing.
“Yes, I attended two prior incidents, responding to your calls,” the police officer said.
Magistrate Fleming asked the woman why she had told the court she was just friends with the man, when she had described the relationship as intimate on her police statement.
“I was very shooken up that day, I may have said things I didn’t mean,” she said.
Magistrate Fleming dismissed the charge of assault occasioning actual bodily harm, due to unreliable witness statements.