Judge Conlon

Prosecutors have a duty to the community not to bring persons to trial on suspect evidence.

Unfortunately, in recent times, judges like myself have seen many examples of cases being pursued with no reasonable prospect of conviction with the inevitable result of an acquittal.

Accordingly, it would seem to me that the initial critical assessment process in respect of the available evidence is simply not undertaken.

For editorial and legal reasons, the names of Craig's accusers and witnesses of this matter have been changed.

Charge 3.

Attempted Indecent Assault.

Victorian police particulars of allegations.

During the song Going Home in the final show in Melbourne, July 13th, 2014, Craig McLachlan knelt down in front of C2, stopped singing, studied her face, grabbed the side of her shoulders and pulled her in.

He leant in to kiss her on the mouth.

She forcefully pushed him off her before he could kiss her.

He fell on his heels sideways.

He looked back at her in shock before glaring intensely.

She burst into tears.

She told her husband about it.

Witness Evidence C2's husband said that on the night of the final show, she had told him that during the going home scene, Craig was being intimate and personal with her and she did something to protect herself.

Let's go to court.

What did your wife tell you about what occurred at the end of the season?

This evidence is what the DPP relied upon to charge Craig McLachlan with attempted indecent assault.

Public allegations of sexual assault have seen a reversal of the presumption of innocence, where those accused are seen as guilty until the opposite is shown.

In these instances, there is no room for testing the rigor of the evidence against the accused.