Charges dropped for Matthew Eric Cross, Senior Constable Matthew Stalley to face court

A fed-up Queensland magistrate has ordered a senior constable to front court after a man had criminal charges hanging over his head for nearly a year only for the case to be dropped.

Matthew Eric Cross outside Kingaroy Magistrates Court after having all of his charges dropped.

A magistrate has ordered a senior constable to face court after prosecutors dropped all charges against a man who was still waiting for a brief of evidence nine months after the officer was ordered to produce one.

There was confusion and frustration at Kingaroy Magistrates Court on Monday when Matthew Eric Cross indicated he was about to plead guilty to various charges laid against him.

Mr Cross, 34, was in court for five charges including obstructing a police officer, stalking and breach of bail.

Before the case was heard, Police Prosecutor Sophie Stewart approached Mr Cross to tell him she would asking the magistrate to impose a sentence of three months in jail.

Mr Cross could be heard responding: “Three months in prison just for asking what was going on?”

Senior Constable Stewart told him he could tell his side to the magistrate.

When that time came, Ms Stewart indicated police were offering no evidence for some of the charges before having a brief conversation with fellow Police Prosecutor Barry Stevens.

While this was going on, frustration was palpable in the gallery where Mr Cross’ two supporters were sitting.

“This is a complete joke, they don’t know what they’re doing,” one of them could be heard saying.

Once it was decided three of the charges would be dropped but the others would remain, Mr Cross asked the court: “Before I enter that plea, can I just say that I didn’t even receive the brief I ordered the last court case I was here.

“I just want to deal with this so I can get on with my life.

“The last 12 months has been nothing but a drama to the point where I’ve lost everything, two jobs, thousands of dollars.

“$460 a day, that’s what I was on before all of this started.

“I lost my job from being dragged into Toowoomba watch house for two days for apparently sticking my finger up,” Mr Cross said.

Matthew Eric Cross outside Kingaroy Magistrates Court.

Magistrate Sinclair interjected explaining he needed to understand what happened with the brief of evidence he ordered police to send to Mr Cross.

“I just need to find out because it’s highly unsatisfactory, it happens frequently that the police officers do not provide material which I ordered them to,” Mr Sinclair said

“What happened to the brief that I ordered to be ready by the first of June, 2023,” he asked the police prosecutors.

Snr Const Stewart replied the brief hadn’t been compiled due to “personal circumstances” of the arresting officer.

“Are they exempt from my orders and directions?” Mr Sinclair asked.

Mr Cross then asked if he could speak again and stressed he needed the brief so he could decide what direction to take.

“I’m here to tie up all these loose ends to get on with my life … something as simple as the brief so I can make a decision,” he said.

The two police prosecutors could be seen speaking to one another again before Snr Const Stewart announced: “Your honour, in relation to all charges for this defendant, the prosecution offers no evidence”.

“You’re dropping the lot?” the magistrate asked.

“Yes, your honour,” Snr Const Stewart replied.

“There you go, it’s all been tidied up,” Mr Sinclair said to Mr Cross.

After Mr Cross and his supporters left the courtroom, the magistrate addressed the prosecutors.

“It’s the prosecutor's’ job and the officer in charge’s job to make sure that the directions that I make are complied with.

“That means getting another police officer to do it.

“Why has it not happened for nine months?” Mr Sinclair asked.

“It’s not my fault, Your Honour,” Sergeant Stevens said.

Mr Sinclair then ordered the officer who was meant to provide the brief to appear before him.

“I’m going to direct Senior Constable M. Stalley to appear before me in person to show cause for why he shouldn’t be charged,” he said

“I’m going to do that for every officer who doesn’t provide briefs as directed.

“He can explain to me what’s happened … it’s far from an isolated case.”

Snr Const Stalley must now appear in person at Kingaroy Magistrates Court on February 9, 2024.

Outside court, Mr Cross told this publication he was going to try and find new employment now he was able to freely work again.

“All of that just for them to drop the charges,” he said before leaving.