Judge and jury find Ben Alexander Ephraim Dyball not guilty in unexpected trial twist

The unexpected twist brought the four-day trial to a sudden close, with Ben Alexander Ephraim Dyball fighting the allegations of ‘menacing’ Twitter posts until the jury’s final decision.

Former Warwick policeman Ben Alexander Ephraim Dyball has walked free from court after his charge was dropped in the Warwick District Court this week. Picture: social media

A former Warwick police officer accused of sharing menacing and harassing posts on Twitter has overturned the charge in court, bringing a four-day trial and years of proceedings to a sudden close.

Ben Alexander Ephraim Dyball was found not guilty in the Warwick District Court on Wednesday of using a carriage service to menace and harass.

It was alleged Mr Dyball, 53, posted a series of menacing messages on Twitter from April 5 - 13, 2016, many of which were reportedly directed at Queensland weapons licensing officer Inspector Andrew Smith.

The court heard the inspector revoked Mr Dyball’s firearms licence in 2015.

Crown prosecutor Cecelia Bernardin said the alleged offences related to various posts, some of which included references to the inspector such as his initials and registered police number, along with images of dead or dying people.

A number of the Twitter posts were read to the court during the trial, including “Sending my love out to all my followers, but a big f--k you to ACS”, “Who are you to take my firearms away? Your authority is not legitimate”, and “I’ve made so many complaints against you, it’s hard to keep track”.

Inspector Smith was the first of two witnesses to give evidence during the trial, claiming only the ex-cop could have had access to his personal details and information from Mr Dyball’s QCAT appeal on the revocation of his firearms licence.

He also testified the social media profile used Mr Dyball’s name and a photograph that was publicly linked to his Facebook profile.

Judge Dennis Lynch said a photo of Mr Dyball “in possession of a chainsaw” was linked to the alleged Twitter posts. Picture: social media

“No one else would be - and I firmly believe in what I’m saying - no one else would have the wish or the desire to go posting these comments,” Inspector Smith said.

Warwick acting Senior Sergeant Ryan Harmer also gave evidence as the police officer who arrested and charged Mr Dyball over the alleged incident.

Sergeant Harmer told the court he was provided with a copy of the Twitter posts, which he said made explicit mention of Mr Dyball’s full name.

The self-represented Mr Dyball rebutted the witnesses’ claims with the argument that he could have disclosed information to his friends, family, or on his Facebook profile that was then turned into the Twitter posts.

“I put it to you that any person who creates a Twitter account can give it any name or photograph they so wish,” he said.

Mr Dyball filed a ‘no case to answer’ submission on Wednesday, which argued the prosecution would be unable to prove beyond reasonable doubt he was the only person who could have made the Twitter posts.

“The evidence does not come up to scratch, it does not meet the required standard. The prosecution cannot exclude that other persons were responsible for the alleged Twitter content, and their case is doomed to fail,” he said.

His argument was eventually upheld by Judge Dennis Lynch, who under court rulings directed the jury to deliver a not guilty verdict.

“The prosecution assert that the possibility of someone else creating the (posts) is mere conjecture, however I am satisfied it is quite simply common sense that that remains a realistic possibility,” Judge Lynch said.

“Although there is evidence within the detail of those posts which might purport to be personal, but simply because it’s posted on a website doesn’t mean it was posted by the person it refers to.”

The trial was the final one scheduled for this sittings in the Warwick District Court.