Coffs man Aaron Robert Logue awarded $60k in legal costs after being acquitted of Byron Bay domestic violence assault

A Coffs man initially found guilty of bashing a woman’s head into a wall during a Byron Bay holiday has been awarded more than $60,000 in costs after an appeal and acquittal. Here’s the latest.

Aaron Logue leaves Byron Bay Local Court. Picture: Savannah Pocock.

A Coffs man initially found guilty of bashing his partner’s head into a wall during a Byron Bay holiday has been awarded more than $60,000 in costs after an appeal and acquittal.

Aaron Robert Logue, 40, was convicted of assault occasioning actual bodily harm when he faced Magistrate Karen Stafford in Byron Bay Local Court on December 20, 2022. He had pleaded not guilty.

Mr Logue was ordered to serve a two-year community corrections order, fined $2000 and an apprehended violence order (AVO) was put in place. He was found not guilty of larceny and intimidation.

Mr Logue was acquitted of a DV attack on a Byron holiday. File image.

But in Lismore District Court on September 29, Judge Jonathan Priestley said “I accept submissions an error was made”, Mr Logue was acquitted and the conviction was set aside.

Defence barrister Sophie Anderson said at the time: “The whole event just didn’t occur.”

She told the court the woman made the attack up, was drunk and fell.

“In her own evidence she does not recall the exact time of the assault and could not explain injuries to both sides of her head,” Judge Priestley said.

He said reasons for the acquittal included inconsistent accounts and the emergence of new video evidence.

Now, it has been confirmed Mr Logue has won a costs application, dated November 16.

Defence lawyer Todd Ritchie of Ritchie Lawyers said in a statement: “Mr Logue made a successful application to the District Court that the prosecution pay his lawyers professional fees, as a consequence the charges against him being dismissed.”

Aaron Robert Logue leaves Byron Bay Local Court after his first appearance. Picture: Savannah Pocock.

Referring to a published judgment, Mr Ritchie noted costs of $53,994.31 – “plus Mr Logue’s legal costs for appearing in the costs application” – due to “exceptional circumstances relating to the conduct of the proceedings by the prosecutor”.

“His Honour noted that the Director of Public Prosecutions (DPP) accepted that the body worn video footage, which shows the wall that (the woman’s) head was supposedly hit against was not tiles as she alleged, was not served on Mr Logue or his lawyers.

“Further, that this footage was not produced in answer to a subpoena for production to the Commissioner of Police.”

Aaron Logue was acquitted of AOBH and has now been awarded costs. Picture: Facebook

Mr Ritchie said there was “no attempt” by the prosecution to give an “explanation as to why the proceedings were conducted in that way” in the costs hearing.

He said it was determined “the prosecution was aware of the footage from the day after the incident but this was never provided to the defence”.

“In short, there was a failure by the prosecution to serve the defence with a crucial piece of evidence of evidence, that confirmed that (the complainant) was not a reliable witness,” Mr Ritchie said.

He said the “failure” resulted in taxpayers, in effect, having “to compensate Mr Logue for money spent on legal fees to defend his case, in an amount over $60,000”.

Court documents state the failure was not down to misconduct, but “plain ignorance”.

A spokesperson said the ODPP “took carriage of the matter only upon Mr Logue lodging a conviction appeal application”.

“The NSW Police prosecutors had carriage of the Local Court prosecution against Mr Logue,” they said.

“This office cannot comment on the conduct of the prosecution at that stage, including the suggested failure to serve the body worn video footage.”

NSW Police will be contacted for comment.