Star witness in case of betrayed former NSW police officer Ben Smith makes stunning claim

An innocent police officer was falsely accused of sexual assault. It took almost $500,000 to clear Ben Smith’s name. Now a star witness has come forward.

An email unearthed during investigations into the failed prosecution of former NSW Police officer Ben Smith on sex assault charges, has revealed the star witness in the case wasn’t interviewed until six months after police laid charges.

The email discovered by defence lawyer Danny Eid, adds to claims police bungled the case falsely accusing an innocent man.

The star witness Aaron Taggart, who has spoken out publicly for the first time, refuted the complainant’s claims that he had witnessed any incident of sexual assault against her by Mr Smith.

“I was the star witness and I knew the truth,” Mr Taggart said.

But instead of his version of events ringing alarm bells about the veracity of the woman’s allegations, police just pressed ahead with the prosecution.

Ben Smith, the former NSW Police officer. Picture: John Grainger

Aaron Taggert the star witness in the case revealed the police didn’t want to know the truth. Picture: 60 Minutes.

Mr Taggart has revealed when he told police the truth and said he was happy to make a statement, the detectives said he would not be required. One of the detectives later told the court Mr Taggart “did not want to provide a statement”.

Danny Eid, criminal lawyer for former NSW police officer Ben Smith. Picture: Sam Ruttyn

Mr Smith and his wife Amy talk about their ordeal in the latest I Catch Killers Podcast with Gary Jubelin which is released on Monday.

The discovery of the email comes after attempts by The Sunday Telegraph to get access to notes made by the detectives about his dealings with the witness, were blocked.

The NSW Police Government Information Public Access (GIPA) officer said the request to see the detective’s notebook entries, investigation plan and other documents were excluded.

“I am satisfied that all information requested and found by the Agency relates to a prosecutorial brief of evidence provided to the Office of the Director of Public Prosecutions … and is therefore excluded …” the officer said.

Amy Smith and Ben Smith with Gary Jubelin before an interview for I Catch Killers. Picture John Grainger

Mr Smith, a married father of three, had to face two trials which cost almost $500,000 to prove his innocence. The first trial was a hung jury. The second jury trial found him not guilty on all charges.

If convicted he could have faced decades in jail.

Amy and Ben Smith just after they met. Picture: Sam Ruttyn

Mr Smith and his wife Amy had to sell their family home to fund his defence against the false allegations. The only chance they have of being reimbursed is to sue the police.

And now more questions are being asked about the way the police handled the case.

A complaint to the police watchdog, the Law Enforcement Conduct Commission (LECC) was dismissed as not being supported by the evidence.

However the LECC did find that one of the complaints – that one of the detectives had not made adequate records of his dealings with witnesses – was partially supported. The detective’s notebooks containing his dealings with witnesses were not produced during the case.

Former NSW police officer Ben Smith when he joined the NSW police. Picture: Sam Ruttyn

Mr Smith’s criminal lawyer, Mr Eid, is adamant if police had done their job properly in the first place Mr Smith would never have been charged. Prior to his arrest, Mr Smith was never given the opportunity to provide any exculpatory evidence.

It had been up to Mr Smith’s wife Amy to do what the police should have done in the first place – investigate the allegations to see if there was any substance to them before laying charges.

Mrs Smith discovered that for a whole string of the alleged assaults Mr Smith and his accuser, who at the time of the alleged assaults was a teenager – were not even in the same postcode.

Mr Smith had broken his leg and was up the NSW coast being treated. Mrs Smith found his hospital and Medicare records to prove it.

Mrs Smith also found another witness who could have also bolstered her husband’s defence, but like Mr Taggart, police failed to take a statement from her.

Mr Smith spent 10 years with NSW Police before joining the Australian Crime and Intelligence Commission and then losing his career over the false allegations.

He said it is the job of police “is to provide all evidence not just what they hand pick.”

Ben Smith’s story will be featured on 60 Minutes tonight.