Man seeks recompense after Police radio charge is dismissed by Magistrate
A man charged with illegally handling a Police radio was acquitted when he appeared in Magistrates' Court.
Ellsworth (Ellie) Wilson also applied to be repaid $2,000 in legal costs after the Department of Public Prosecutions (DPP) failed to provide sufficient evidence.
On Monday, Mr. Wilson's lawyer, Charles Richardson, told the court there was no proof the radio was stolen.
He claimed Police had an axe to grind against his client, who they believe is some kind of "Mr. Big".
"The counsel at DPP were not competent and did not see what obviously was missing, which is frightening. Or maybe they did see and decided to push ahead anyway, which is even more frightening," Mr. Richardson told Senior Magistrate Archibald Warner.
"Is (the charge) unfounded, frivolous or made from any improper motives? If there is such a reason the defendant may be entitled to costs because that is what the act says.
"Police seem to think he is some kind of Mr. Big. Police, knowing who he is, are trying to stick it to him. Do your job and get the man for something decent."
Crown counsel Kay Thomas agreed there was not enough evidence to continue to trial.
As a charge of handling does require the item to be stolen, the correct route would have been to charge Mr. Wilson with attempting to handle, she added.
"But as the information stands and is before the court, the Crown has not provided sufficient evidence beyond a reasonable doubt the defendant has handled stolen goods. And in the circumstance will concede the position of (Mr. Richardson)," she said.
Mr. Warner dismissed the charge against Mr. Wilson. He will rule on whether Wilson will be reimbursed for legal costs on December 21.