DV case against cop to proceed to hearing as wife refuses to withdraw application
A judge will rule on whether domestic violence proceedings against a senior Territory Cop are an ‘abuse of process’ after his wife refused to drop the matter, a court has heard.
Police & Courts
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A JUDGE will rule on whether domestic violence proceedings against a senior Territory Cop are an “abuse of process” after his wife refused to drop the matter, a court has heard.
Superintendent Daniel Shean’s wife, Tammy Shean, has lodged an application in the Darwin Local Court for a DVO against him but his legal team say it should be dismissed as vexatious.
The hearing was adjourned last month after Supt Shean’s lawyer, Luke Officer, indicated he would be seeking to have the case thrown out.
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Mr Officer did not make the application on the last occasion “in fairness to” Mrs Shean but on Tuesday her lawyer, Kelly Stephenson, said her client still intended to press on.
Mr Officer said that being the case, his instructions were to make the application to have the DVO process ruled “frivolous, vexatious or an abuse of process”.
“The parties have attempted to negotiate it, registrar, but that’s been unsuccessful, it appears as though we are quite apart,” he said.
“If my client is successful, that’s the matter finalised, if not, then it would proceed to a hearing on the final application for the order proper.”
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Registrar Kris Norrington indicated he would list the matter before a judge, who would rule on whether to grant Mr Officer’s application for dismissal.
“It’s a final determination of the matter, potentially, and therefore I don’t have the power to hear such an application so it’ll need to go before a judge,” he said.
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