An Aboriginal Legal Service senior lawyer was found not guilty of perverting the course of justice for allegedly preventing a victim of domestic violence from giving evidence.

In 2019, West Australian police accused Paul Xavier Tobin of improperly discouraging a witness from giving evidence at the Broome courthouse.

Mr Tobin, a senior legal counselor for the Native Legitimate Help in the West Kimberley, was dependent upon a two-day preliminary over the claim last month which heard from police examiners and officials about his supposed lead.

Mr. Tobin was found not guilty of the charge by Judge Stephen Lemonis on Tuesday.

State prosecutor Paul Usher argued that when Mr. Tobin approached the victim, he was representing a woman who was accused of domestic violence.

Mr Usher said Mr Tobin inquired as to whether he believed the body of evidence against the lady should go for it.

“Proposition, rather than an open-ended question,” according to Mr. Usher, Mr. Tobin had leaned in.

Mr. Tobin’s defense lawyer argued that it was impossible to define the intent behind his client’s words and that it was not possible to determine whether Mr. Tobin had attempted to “intimidate” the victim. The victim continued with the case against the perpetrator, and she was later found guilty of the incident.

He said that Mr. Tobin’s adversarial relationship with the police prosecutor, who had allegedly witnessed the interaction, may have influenced how the lawyer’s actions were perceived. He cited this relationship as having existed for a long time.

Judge Lemonis stated that he would publish his written verdict at a later time following his acquittal.

Source – Abc.net