Magistrate threatens witness with perjury after story changes on the stand
Carseldine man choked his partner as she held her child to her chest, ‘squeezing’ her throat for four seconds leaving a contusion line, faint bruising and a prominent scratch.
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A young Carseldine mother held her child to her chest as her partner allegedly placed his hands around her neck and squeezed, cutting off her breathing for four seconds, the Sandgate Magistrates Court heard today.
In a witness statement read to the court by police prosecutor Val Crossley, claimant Violetta Faafoi said she was scared for her safety when partner Adam Joel Whiteway allegedly “grabbed (her) throat”.
“I was being choked,” Ms Faafoi told police on October 25.
“I couldn’t breath.”
The court heard Ms Faafoi called her sister after the incident, who alleged she could hear Mr Whiteway saying “I’m sorry, I’m sorry, I won’t do that again,” over the line.
With the support of her family, Ms Faafoi attended an appointment at the Albany Care 7 Day Medical Centre two days after the incident.
The doctor observed a contusion line on the right side of Ms Faafoi’s neck, faint bruising on the front of the neck and a prominent scratch.
Five months after the incident on March 24, however, Ms Faafoi submitted an affidavit to amend her original statement, claiming at no stage did Mr Whiteway choke or strangle her.
The affidavit said both Ms Faafoi and Mr Whiteway were actively involved in the argument, and claimed Ms Faafoi was “pushing and hitting” the defendant in an attempt to make him leave their home.
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Lawyer for the defence Nick Crawford said Mr Whiteway pushed back (at Ms Faafoi) “to prevent her pushing and hitting him, (and) when this occurred he … pushed in the neck area.”
Ms Faafoi attributed the bruising on the side of her neck to rough play with her children.
Magistrate Sheryl Cornack told Ms Faafoi that her second account of the incident seemed to contradict the extensive bruising shown in images to the court, and did not account for her first assertion that she was unable to breath.
“I might have to warn you about perjury,” Ms Cornack said to the witness.
“I know that you care about Mr Whiteway and I know he’s upset about what happened.
“(People can get) 18 months of jail for strangulation … but if you say in court that mark was caused by children playing, you mind end up in jail … if police can prove you’re not speaking the truth.”
The Magistrate determined there was sufficient evidence to place Mr Whiteway before the Brisbane District Court on the charge of unlawful choking without consent and committed him for trial.
Mr Whiteway pleaded not guilty.