A LAWYER representing a Wagga auto repair shop operator says he will commence civil action against NSW Police over his client's arrest.
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Wagga City Auto Centre director Christopher James Dennis, of Brucedale, pleaded not guilty in Wagga Local Court in June last year to 10 charges of publishing false or misleading material to obtain advantage.
The prosecution alleged that Mr Dennis submitted false statements in March last year to an authorised inspection station and obtained $42 payments for vehicle safety checks that were never performed.
However, on Thursday this week all 10 charges against the 53-year-old were dismissed with a finding of not guilty by Magistrate Christopher Halburd after a hearing in the Wagga Local Court.
My client is an upstanding member of the Wagga community and is proud of his business that he's operated for over 30 years.
- McGirr & Associates principal Paul McGirr
Solicitors from Sydney law firm McGirr & Associates represented Mr Dennis during the criminal case hearings.
The firm's principal, Paul McGirr, told The Daily Advertiser that the firm and Mr Dennis were now taking civil action against NSW Police.
"My client is an upstanding member of the Wagga community and is proud of his business that he's operated for over 30 years. He's never been in trouble with police," Mr McGirr said.
He said there was no case to answer against Mr Dennis.
"My client didn't even have to give evidence," Mr McGirr said.
"The prosecution couldn't even establish that my client had received $42 to conduct a brake test or hadn't in fact done the correct brake testing.
"The prosecution couldn't even tell us who owned the alleged vehicles.
"To say that the investigation was a sloppy embarrassment on the NSW Police Force would be an understatement."
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Mr McGirr said police decided they would "physically arrest my client and put him in the back of a paddy wagon and he spent five hours in custody at Wagga police station".
"My client had been receiving chemotherapy at the time and was extremely unwell," he said.
"My client's lawyer at the time even offered to present Mr Dennis to the police station however this was declined."
A NSW Police spokesperson said it had yet to be served in this matter and could not comment.
Mr Dennis and the prosecution will be required to make submissions on who should pay costs for the criminal case by August 16.
Mr McGirr said Mr Dennis was relieved to have cleared his name.
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