Complainant testified that she was “jumped from behind” at a party. An independent witness corroborated that this event occurred. Client alleged to have pulled a chunk of the complainant’s hair out after she was taken to the ground. Client charged with assault causing bodily harm. Defence argued that a consensual fight occurred, and in the alternative, that there was no bodily harm.
Inconsistencies found between the two witnesses such that their evidence could not be relied upon. The complainant admitted that she and the other witness discussed their evidence, whereas the other witness denied this. Both witnesses stated that the complainant was sober, but a police officer admitted he allowed them a day before taking their statements because the complainant was too drunk to give a statement. A consensual fight was found. The court further found that even if an assault had occurred, no bodily harm was caused.