Craig Anthony McMillian found not guilty of choking ex-partner in her Mount Gambier home

A factory supervisor who said an allegation of “monstrous” domestic violence had turned his life into a nightmare broke down in tears as he was found not guilty.

A jury has returned a not guilty verdict in the trial of a man accused of entering his ex-partner’s Mount Gambier home and strangling her in a “fit of jealousy”.

Craig Anthony McMillian, 58, and multiple women supporting him from the gallery, broke down in tears as a Mount Gambier’s District Court jury unanimously found him not guilty on all counts.

Mr McMillian had pleaded not guilty to aggravated serious criminal trespass, unlawfully choking another and two counts of aggravated assault. Judge Geraldine Davison dismissed the charges after the jury verdict on Monday afternoon.

Craig Anthony McMillian has been found not guilty by a Mount Gambier District Court jury. Picture: Jessica Ball

The Borg manufacturing plant supervisor repeatedly denied the accusations throughout the four-day trial, saying the months since the accusation had been “a nightmare”.

Prosecutor Robert Walker had alleged Mr McMillian let himself in the back door knowing his former partner was home, locked out her dogs, took her phone, put a single hand around her throat for a short time before using both hands to strangle her.

Mr Walker told the jury he had grabbed the woman by the throat and threw her to the couch in a “fit for jealousy” after they broke up on February 21, 2020.

Taking the stand on Friday, Mr McMillian said the couple had unresolved issues but believed they were still in a relationship at the time of the allegations.

He told the jury he drove to the woman’s house and after his knock at the door at 8pm went unanswered, he collected clothing left outside for him.

Later, he entered the home around 11pm after walking around the neighbourhood for at least an hour carrying 20kg in weights in his backpack to “clear his head”.

Mr McMillian admitted to lying when he messaged the woman saying he was in bed when he was about to walk into her house but maintained he just wanted to talk.

He said she stumbled when he entered his lounge room, and the pair then spoke for 20 minutes before she “just lost it” and the pair became entangled.

Craig Anthony McMillian had been charged with aggravated serious criminal trespass, unlawfully choking another and two counts of aggravated assault. Picture: Jessica Ball

“I just wish (the woman) had opened the door at 8pm when I went to collect my clothes,” Mr McMillian said.

“I wasn’t there to intimidate. I remember (the woman) grabbed my hand and we both went backwards onto the lounge.

“I was above her. I did not strangle (the woman). When I left she was in no way hurt.”

Mr McMillian later sent a text message to the woman.

“Sorry means nothing to you right now and nor should it,” the message read.

“I’m so, so sorry, my life will be in your hands and if you ever need anything I will deliver it for you.

“I will forever love you and be your friend knowing now I can only admire you from a distance.”

The woman, who Mr McMillian had known for 20 years before dating for around eight months between 2019 and 2020, told the jury she was forced to fight for her life. She described the sensation of being strangled like she was going deaf underwater.

Mr Walker submitted Mr McMillian had invented his evidence to explain why they had ended up on the couch.

He said there was no doubt he went to the house and left saying “your life is in my hands”, with text messages between the pair reinforcing a one-sided relationship and describing him as an old-fashioned romantic who quickly moved to anger.

He argued Mr McMillian knew there was no chance of talking it out the night he entered her home.

While Mr Walker argued medical evidence said the woman’s presentation was “consistent with her being a victim of strangulation”.

Defence lawyer Nick Healy said there was a lack of injuries, noting a doctor’s report said there was “no obvious soft tissue swelling” and the location of bruises were “completely inconsistent” with the allegations.

Mr Healy told the jury the woman did not immediately contact anyone after the alleged attack and only reported it to police the following afternoon because she had invented the accusations.

“She would have been terrified he was going to come back,” Mr Healy said.

“She would have let someone know, put something in place to stop it happening again.”

With no history of domestic violence, Mr Healy said it was unbelievable he would just snap and commit a “monstrous” act against the 60-year-old woman.

“There had been no violence inside that home,” he said.

“(The message) does not say I’m sorry for putting my hands around your neck and almost killing you.”