A man has been found not guilty of choking his ex wife in a judge only trial.
A man has been found not guilty of choking his ex wife in a judge only trial.

Accused DV choker not guilty due to lack of evidence

A man who was accused of pinning down his ex-wife and choking her until “she couldn’t breathe,” has been found not guilty in a trial.

In a judge only trial held earlier this month in Maroochydore, the man was found not guilty of unlawfully choking his ex wife.

The court heard the couple had been married for 16 years, but finalised their divorce last year.

They had no children together, but had adult children from previous relationships.

The court heard by September 2014, their relationship had become strained and there was an alleged violent argument in October that same year when the man twisted the woman’s thumb and wrist after an argument about him taking her car keys.

The court also heard the husband and wife were at home on January 3, 2015, with some of their children when they got into an argument about there not being enough food for dinner.

“As they walked toward the front of the house the complainant followed,” the court heard in summarised evidence of the ex-wife.

“After passing through a gate the defendant swung it back so that it struck the complainant.

“The complainant pushed the gate back and it hit the defendant.

“The defendant screamed and put both his hands around the complainant’s throat, pinning her to the fence.

“He used a lot of force on her neck such that the complainant could not breathe and felt dizzy.”

The court heard that after 10 seconds, one of their children’s partner intervened, yelling at the man to “get off her”.

The court heard the couple got into a fight on December 17, 2017, about moving to a property in Caloundra South, with the man not interested in moving.

The man then allegedly pinned her against a bench, putting his right forearm across her neck and applying pressure.

The court heard the woman said she could not breathe, and the man replied that if she could not breathe she would not be able to talk and increased the pressure on her neck.

“This persisted for some 10 to 15 seconds and the complainant felt dizzy and light headed,” the court heard.

“He released her and the complainant leant on the bench trying to regain her breath.

“She asked the defendant why he did what he did and he replied that it was because he loved her.”

The man then called police who arrived to the house and spoke to them.

The next day the woman went to court to get a protection notice.

She then gave a written statement about the alleged choking in February 2018.

The court heard that when being interviewed by police on December 17, 2017, she hadn’t described being choked by the man, but rather “he grabbed her by the shoulders and told her to settle down,” letting her go once she told him she couldn’t breathe.

The court also heard she had not mentioned the other alleged incidents from 2014 and 2015 until being interviewed again in May.

Judge Glen Cash told the court it could not be proven beyond reasonable doubt that the woman had been choked by the man.

He said he found it “very surprising” that the woman had not mentioned to police on December 17, 2017, that her husband had been violent towards her in the past and thought it was unlikely she would not have thought that information was relevant to add.

He found the man not guilty.