news, crime, Neal Kretschmann
A stalking case against a senior public servant has fallen apart after a magistrate ruled prosecutors couldn’t rely on vital CCTV evidence. Neal Kretschmann, 37, was arrested on March 29 last year and charged with the offence. Police alleged he loitered outside a woman’s house in Ainslie on eight occasions between January 11 and March 26, mostly during the late evening. They said he often hid in bushes outside the home and, on one occasion, the woman awoke to see him staring at her from outside her bedroom window about 1.50am. Mr Kretschmann vehemently denied the allegations and was due to front the ACT Magistrates Court for a hearing in May this year, but prosecutors’ case against him was rendered useless on Thursday. Prosecutors wanted to rely on CCTV footage, which purportedly showed a tall bald man – who they said was Mr Kretschmann – outside the Ainslie house. But Magistrate Louise Taylor on Thursday ruled the CCTV footage would be “unfairly prejudicial” to Mr Kretschmann if it were admitted into evidence. She said the alleged victim had installed the camera system herself, and the court couldn’t be sure of its reliability or accuracy. The magistrate said there were issues with timestamps on screenshots of the footage, and Mr Kretschmann and his lawyers hadn’t been given the opportunity to review the raw CCTV footage. She said the footage could not be admitted into evidence. “In my view, the danger of unfair prejudice is real,” Ms Taylor said. The magistrate said it had been accepted that if the CCTV footage wasn’t admitted into evidence, the prosecution’s case would fail. After she ruled it would be excluded, Mr Kretschmann’s barrister Anthony Bellanto QC said he would make an application for court costs. Ms Taylor said that, despite her ruling, the stalking charge was still on foot, so the issue of costs would have to be determined at a later date. Prosecutor Rebecca Christensen said she would consult with the alleged victim before prosecutors informed the court about what they would do with the stalking charge. She indicated they would likely withdraw it. Ms Taylor re-listed the case for February 9, but urged prosecutors to touch base with the court if they made a decision earlier.
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A stalking case against a senior public servant has fallen apart after a magistrate ruled prosecutors couldn’t rely on vital CCTV evidence.
Neal Kretschmann, 37, was arrested on March 29 last year and charged with the offence.
Police alleged he loitered outside a woman’s house in Ainslie on eight occasions between January 11 and March 26, mostly during the late evening.
They said he often hid in bushes outside the home and, on one occasion, the woman awoke to see him staring at her from outside her bedroom window about 1.50am.
Mr Kretschmann vehemently denied the allegations and was due to front the ACT Magistrates Court for a hearing in May this year, but prosecutors’ case against him was rendered useless on Thursday.
Prosecutors wanted to rely on CCTV footage, which purportedly showed a tall bald man – who they said was Mr Kretschmann – outside the Ainslie house.
But Magistrate Louise Taylor on Thursday ruled the CCTV footage would be “unfairly prejudicial” to Mr Kretschmann if it were admitted into evidence.
She said the alleged victim had installed the camera system herself, and the court couldn’t be sure of its reliability or accuracy.
The magistrate said there were issues with timestamps on screenshots of the footage, and Mr Kretschmann and his lawyers hadn’t been given the opportunity to review the raw CCTV footage.
She said the footage could not be admitted into evidence.
“In my view, the danger of unfair prejudice is real,” Ms Taylor said.
The magistrate said it had been accepted that if the CCTV footage wasn’t admitted into evidence, the prosecution’s case would fail.
After she ruled it would be excluded, Mr Kretschmann’s barrister Anthony Bellanto QC said he would make an application for court costs.
Ms Taylor said that, despite her ruling, the stalking charge was still on foot, so the issue of costs would have to be determined at a later date.
Prosecutor Rebecca Christensen said she would consult with the alleged victim before prosecutors informed the court about what they would do with the stalking charge. She indicated they would likely withdraw it.
Ms Taylor re-listed the case for February 9, but urged prosecutors to touch base with the court if they made a decision earlier.
