Trial begins for Matthew James Cooper who pleaded not guilty to choking in a domestic setting
The alleged affair of a former chief executive of a Queensland council has been aired as part of a trial into an alleged choking between a married couple of 27 years.
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The alleged affair of a former chief executive of a Queensland council has been aired as part of a trial into an alleged choking between a married couple of 27 years.
Matthew James Cooper has pleaded not guilty to one charge of choking in a domestic setting in the Bundaberg District Court.
During the first day of the trial, the court heard from key prosecution witness and complainant, Rachel Brophy formerly Cooper, and forensic physician Dr Ian Home.
Crown Prosecutor Erin Hanlon told the court the incident between the married couple occurred in 2021 following years of relationship breakdown, which was intensified during Ms Brophy's tenure as the CEO of the North Burnett Regional Council.
The court heard the family went through a “three-week cycle” with Mr Cooper, whose arguments allegedly turned physical.
“Rachel will tell you that the defendant would push her in the shoulder, or crowd her up against the wall so that he was able to lean over her,” Mrs Hanlon told the court.
The court heard Ms Brophy split her time between Bundaberg and Gayndah, spending four nights a week in the couple’s matrimonial home.
The tension of splitting her time between two homes led to Ms Brophy and Mr Cooper undergoing a trial separation with the pair splitting their king bed into two singles and sharing their bedroom.
The court heard in the early hours of May 17, 2021, Ms Brophy woke alone in her room, and became “upset” at not being able to find her phone, following previous concerns over personal privacy.
When Mr Cooper returned to the bedroom, the court heard the pair argued, until Ms Brophy found her phone under her pillow.
Restless, the court heard Ms Brophy went into the home’s lounge room to watch Netflix on her laptop on a single seater recliner which she had extended, but before the laptop had powered on, Mr Cooper walked into the room.
“He walked up to her without saying a word, he leant over her … placed a hand around her throat and squeezed,” Mrs Hanlon told the court.
“Whilst he did this, he said words to the effect of ‘pack your f---ing shit and get out.’”
Mrs Hanlon told the court Mrs Brophy was only able to escape from his grip by kneeing Mr Cooper, and once free she was able to scream drawing their daughter into the room.
The court heard the three of them made their way into the kitchen, talking before returning to bed, and the following morning Ms Brophy attended the Bundaberg Police Station.
Ms Brophy was the first witness called by the prosecution, who asked her to walk the court through her and the families relationship with the accused.
“It was increasingly strained, and there were a number of incidents where Matthew would ring up demanding to know where I was, what was I doing, who was I with,” Ms Brophy told the court.
“The general pattern that we would have was I would say where I was … he would never believe me and I just learned over the time to be quiet and not say anything, just agree.”
Speaking on the alleged choking, Ms Brophy said she feared for her life.
“The first one was ‘he’s going to kill me,’ ... in that moment I was absolutely petrified,” she said.
Barrister James Godbolt appeared for Mr Cooper, and during his cross examination produced several pages of Ms Brophy’s personal diary, which he claimed as proof of an alleged affair between Ms Brophy and a then co-worker.
Mr Godbolt referenced quotes where Ms Brophy referred to the co-worker as a “twin flame,” and commented on his understanding nature and ability to see her “sparkle.”
Mr Godbolt questioned Ms Brophy several times over the alleged affair, producing Facebook messages between Ms Brophy and the co-worker, for which she claimed she only acted as an intermediary.
“Ms Brophy, I suggest that you are simply lying about having no romantic interest whatsoever in (Carl),” Mr Godbolt told the court.
During a cross examination, Ms Brophy submitted to the court that while the diary pages were in her hand writing references to extramarital relationships were only for the purposes of recording confessions made to her by staff during a council restructure in an attempt to keep them out of official council records.
In the final proceeding of the day, Dr Ian Home was asked to comment on the fact Ms Brophy’s medical evidence did not include a “visual manifestation” of the alleged choking.
He told the court “in a reasonable percentage” of choking incidents it is not uncommon for no external injuries to be present.
The trial is expected to continue until Wednesday.