Police v Poobalasingan; Police v Anantharaj; Police v Soundrajan

The defendants, Poobalasingan, Anantharaj, and Soundrajan, were charged with affray in relation to an incident that occurred at a train station. The matter was heard in the Supreme Court of Queensland. The prosecution aimed to establish that the defendants were involved in an affray by relying on statements from three complainants and additional evidence from other witnesses. However, none of the three principal complainants provided oral evidence, and only statements were tendered into evidence. The defendants argued that the evidence was insufficient to prove the charges beyond reasonable doubt.

The court had to determine whether the prosecution had established the elements of the offence of affray, which include a disorderly assembly in a public place and the use or threat of unlawful violence. The defendants contended that the evidence was unreliable due to inconsistencies between the complainants' statements and their oral testimony, and because the complainants did not give evidence. The court also had to consider whether the defendants' good character should be taken into account and whether the evidence was direct or circumstantial.

The Supreme Court found that the prosecution's case was weakened by the absence of oral evidence from the principal complainants, the inconsistencies between their statements and oral testimony, and the lack of other direct evidence. The court noted that the evidence relied upon was largely circumstantial and did not establish the elements of the offence beyond reasonable doubt. The court held that the defendants' good character was relevant and should be taken into account. Given these factors, the court was not satisfied that the prosecution had proved the charges against the defendants, and accordingly, the court entered a verdict of not guilty in respect of each defendant, and dismissed the charges.