ChargeAgainst Charlie Goldsmith Withdrawn: Several Witnesses, No Police Interviews

This matter, involving publicfigure Charlie Goldsmith, was covered by the Daily Telegraph and the Daily Mail UK. The charge against Mr Goldsmith was withdrawn by senior police prosecutorsat the first court appearance in Byron Bay.

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What Happened

On 2 August, a group ofteenagers were hitting stones onto the road with a golf club. One of the stonesstruck a car being driven by Mya Atkins, a cleaner on her way to Mr Goldsmith'shome. Mr Goldsmith stepped in and stopped the behaviour. Ms Atkins later saidhis actions protected her and anyone else on that road.

Weeks later, a parent of one ofthe teenagers went to police and alleged Mr Goldsmith had used excessive force,including grabbing the child's clothing and making him sit down.

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How the Charge Was Laid

Police charged Mr Goldsmithwithout interviewing him. They did not interview any of the people who saw whathappened. No account other than the complaint was taken before the charge waslaid.

This is the central fact of thecase. A charge of assault against a public figure was laid, and reported innational and international media, on the basis of a single complaint made weeksafter the event, without the people present being asked what they saw.

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The Evidence

Several witnesses preparedstatements supporting Mr Goldsmith's account of the incident. Among them was aschool teacher, a mandatory reporter under NSW law, whose professionalobligation is to report any harm to a child.

Ms Atkins, whose car wasdamaged, gave a statement describing Mr Goldsmith's intervention as calm andnecessary, and said she was troubled that he had been charged for stopping thebehaviour rather than the behaviour itself being addressed.

Former professional rugbyleague player Phil Lee, whose own child had been helped by Mr Goldsmith in thepast, came forward to speak to his character and his long record of helpingpeople without reward.

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Brightstone's Role

People in this position, evenwhen they have done nothing wrong, often go through months of stress before amatter is resolved. A charge is laid, the media reports it, and the accusedwaits for a hearing while the evidence that would clear them sits unread. Thatperiod is hard on a person, their family and their work.

Mr Goldsmith engaged Alex Caoof Brightstone Defence. The job besides the defence, was to consider and usethe the evidence already existed to make the police understand they have chargewrongly as soon as possible. Mr Cao's job was to make police do theinvestigation they had not done: gather the witness accounts, put them intoproper form, and get them in front of senior police prosecutors as quickly aspossible so that the matter did not drag on for months. Mr Cao sent a formalletter to the police stating out the reasons to withdraw supported byoverwhelming evidence. The letter was carefully considered by higher authorityfrom the police and rightly withdrawn at the first court appearance.

Mr Cao said:
“The witness evidence in this matter wasoverwhelming, and it pointed one way. Once it was put before seniorprosecutors, the charge could not stand. What this case shows is how muchdamage can be done when a charge is laid before obtaining both sides of versionsand evidence. Our client should never have been in a courtroom. I am glad tosee the charge was withdrawn on the first court mention.”

Mr Goldsmith said:
"I vetted a number of lawyers before engaging Alex,and he was the only one who got it right. I hadn't been interviewed by police,there were multiple witnesses, and the evidence was on my side, so I wanted alawyer who would deal with the matter appropriately and directly with thepolice. Every other lawyer told me I'd have to go through the full courtprocess and present my evidence there. Alex understood the strength of myposition and had the matter dealt with promptly and properly. It was my firstexperience of a flawed system, and Alex made it far less stressful and farfaster than it would have been with anyone else."

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Why This Case Matters

In NSW, an assault charge turnson whether force was used, whether it was intentional or reckless, and whetherit was reasonable in the circumstances. A person who intervenes to stop damageor danger to others is entitled to have the full circumstances considered.

None of that can happen if thepeople who witnessed the event are never asked. In this case, several of themwere available. Police spoke to none of them before laying a charge.

The withdrawal of the chargewas not a favour, a technicality, or a matter of discretion. It was the resultthe evidence demanded, delivered as soon as someone with authority read it.

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Frequently Asked Questions (FAQ)

• Can police charge someonewithout interviewing them?
  ‍Yes, and it happens. There isno legal requirement that an accused person be interviewed before a charge islaid. That is why getting your own evidence together and in front ofprosecutors early is so important.

• Do witness statements matterif charges have already been laid?
  Yes. Prosecutors are requiredto keep reviewing whether a case should proceed. Strong independent witnessevidence can and does lead to charges being withdrawn before a hearing.

• What is a mandatoryreporter?
  Certain professionals in NSW,including teachers, are legally required to report suspected harm to childrenduring their professional capacity. A statement from such who witnessed anevent and saw no harm carries considerable weight.

• What should I do if I amcharged with something I did not do?
  Do not wait for the system tocorrect itself. Get a criminal defence lawyer immediately, identify everyperson who saw what happened, and get their accounts recorded while they arefresh.

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Need Legal Help? Contact Brightstone Defence

If you have been charged orbelieve you are under investigation, early advice matters. Contact Brightstone Defence for a confidential consultation.