Not guilty verdict for Matthew James Cooper on choking in domestic setting charge

A jury has found the ex-husband of a former rural council CEO not guilty of choking her as a four-day trial in Bundaberg comes to an end. Read the latest.

Matthew James Cooper has been acquitted of one count of choking in a domestic setting following the four-day trial in Bundaberg District Court.

A father has walked from Bundaberg District Court a free man after a jury found him not guilty of choking his now ex-wife.

Matthew James Cooper pleaded not guilty to one charge of choking in a domestic violence setting on Monday November 27, marking the beginning of an intimate trial between Mr Cooper and his ex-wife Rachel Brophy.

After the four-day trial the jury returned a not guilty verdict.

Multiple witnesses were involved in the trial in relation to the alleged offence which the prosecution claimed occurred on May 17, 2021.

On day one of the trial the court heard from prosecution witness Ms Brophy, who claimed Mr Cooper committed the act against her in their family home following an argument over a missing phone.

Throughout the trial, Mr Cooper’s defence barrister James Godbolt questioned the authenticity of Ms Brophy's evidence, revealing personal pages of her diary which he said was evidence of an affair between Ms Brophy and a then co-worker during her tenure as the CEO of the North Burnett Regional Council.

Ms Brophy denied having an affair, but the court was shown Facebook pages and notes where she referred to the co-worker as a “twin flame”, as well as other notes about the state of her failing marriage.

Matthew James Cooper was acquitted of one count of choking in a domestic setting.

Mr Godbolt also questioned Ms Brophy’s evidence, including why she would follow her then husband into the kitchen, and sleep in the same bedroom as him following the alleged choking.

“Does that make any sense to you?” he asked the jury on Wednesday.

In his closing statement to the court, Mr Godbolt called on the jury to be mindful of the evidence provided by doctors in relation to the physical injuries Ms Brophy allegedly received as a result of choking, which left no visible marks.

While the doctors agreed in some cases choking did not leave other external marks, it was “more likely than not” some visual manifestation of the alleged “minute long” attack would have been seen.

“The facts of this case demonstrate, unequivocally, that Mr Cooper should be found not guilty of the offence,” Mr Godbolt said.

The not guilty verdict was revealed within hours of Judge William Everson giving his closing remarks Thursday morning.