The case against a man who allegedly set his dog on and assaulted an officer has been dismissed, after police were found to have unlawfully searched him and his Kooringal home.
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The 23-year-old man was found not guilty of five charges after a hearing in Wagga Local Court last week.
Solicitor David Barron told the court his client had every right to demand police leave his property on the day of the alleged incident on December 31 last year.
“They weren’t granted permission to enter, there was no warrant in existence and no urgency – in no uncertain terms he told them (police) to leave,” Mr Barron said.
In relation to the accusations, including assault and two counts of resisting an officer while in the execution of duty, Magistrate Erin Kennedy found police had no probable cause to search him or his property.
Ms Kennedy told the court she had doubts whether the accused had told the dog to “get em” as alleged by police, as she dismissed the remaining two charges in relation to using the dog as a weapon.
