The Ballarat Magistrates’ Court has heard that Moorabool Shire Council prosecutors, leading a case where a seven-year-old girl was allegedly mauled by a family dog, did not record an audio interview with the victim.
It comes as prosecution case informant Lisa Handley confirmed all of the accused’s interviews had been recorded on audio tape on July 1 last year.
Denise, Anthony and Stuart Wilson are each charged with offences relating to injury caused by dog bite for an incident that occurred last June 22.
Stuart and Denise Wilson are the victim’s grandparents and Anthony Wilson is her uncle. The girl was allegedly bitten on the face by kelpie “Mack” at her grandparents’ Balliang property.
Prosecution witness, surgeon Dr Michael Lowe said the girl had sustained lacerations and abrasions to her face, lost a tooth and required surgery as a result of the incident.
Defence lawyer Phil Brown argued council’s prosecutors had failed to record an audio interview with one of their key witnesses at her Bacchus Marsh home on August 9 last year.
Before magistrate Peter Mithen last Wednesday, Mr Brown called the prosecution’s instructing solicitor, Matthew Sherwell, to the stand.
Mr Sherwell, who is employed by Maddocks Lawyers and does not have specialist training in interviewing young children, told the court he did not use a recording device during the interview because he did not want to create an “undue traumatic experience” for the victim.
Mr Sherwell said he was satisfied with the interview and had recorded it in his notes and in an email to Ms Handley.
The hearing resumes on April 29.
