Benji Marshall Assault Charge Dismissed

I'm just glad that it's all over so quickly.

I was always hopeful that he'd get off and pleased to see that it has happened with minimal disruptions.
 
For those insinuating the police did the wrong thing, the cops didn't do the wrong thing.

They went through all the formalities that they are supposed to go through. Solimon (spelling, sorry) would have insisted he wanted to press charges for this matter to hit the courts. The police are within their right to follow through with the said complaint.

Think of it this way, If your place was robbed, with obvious signs of break and enter, and damage and you filed a report/complaint, the police follow through irrespective of whether you were legitimately robbed, or whether you had a wild night on the town, broken your own door down and tore up your own house..

Like I said though, I think Marshall and the boys will take this decision out on the Gold Coast.

Records are going to be broken Monday night.
 
@The Shiraz Tiger said:
Sometime the police have to do what they did because they have no other version to go on other than the bloke that's allegedly been hit. Think about it. Cops get called to the scene, the bloke's got a split lip, says Marshall did it and his mates are witnesses that also say Marshall did it. Benji's gone so he's not there to offer his version with his mates as witnesses. Perhaps if he hung around with his witnesses and they all provided their versions of what happended, the matter may not have gone any further because of conflicting versions. Finally Marshall agrees to meet with police, lawyered up with his barrister and what is he advised to do ? tell the cops nothing. Thus the situation is created where all the cops have to go on is the victims version and his witness mates. Their hands are tied and so are the prosecutors at court.
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And that pretty much sums it up. Despite the matter being a low level offence, the guy claimed he was hit, apparently had witnesses to back him up and wanted to press charges…The police can't simply ignore it, they have a duty of care no matter how trivial or silly it may sound to the rest of us.

Anyway, justice was served in the end and now Benji can put it behind him and wreak havoc against the Titans on Monday night.
 
Fantastic News

But for those questioning the police… You have a person claiming to be assaulted, has a physical injury and has identified the offender. How can you not do something?

It is up to the Court to make that judgement, and they did just that today.
 
@The Shiraz Tiger said:
Sometime the police have to do what they did because they have no other version to go on other than the bloke ….....................................................................................................is the victims version and his witness mates. Their hands are tied and so are the prosecutors at court.
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What a load if None sense . Our overzealous and diluded Police force is solely focused on getting charges and convictions . No peace keeping , no mediating . Charges and convictions alone are the scale used to measure the quality of an officer (the more the beetter). This case is a result of this culture which i have just mentioned . As soon as the officers had a version from the alleged victim and one witness they were always going to charge Benji . If Benji had given a version of events on the night the police would have used it against him in court today , Guarenteed .
I am speaking from experience unfortunatly . An aquantence of mine was invloved in a scuffle infront of a club very similar to this one . The parties engaged each other but before a clean punch could be thrown , a number of people interveiened to break it up . As a result of the mele both parties had injuries ( small cut to lip for one , and the other was poked in the eye). The guy with the cut lip was advised by HI GF ( lol ) that he should report it the police who happened to be walking by . After getting a version from the one guy and his Girlriend . The police then walked in the club and found the other guy . They asked him for a version and he said he it was no big deal and he didnt rwant to report it . The police then pressed him for version , he declined once again . The Poloice then stated that ATM they had enough info from the other guy and his GF to charge him so he needed to give version to clear his name , so he did . Next day he was charged. Nearly a year later matter wnet to court ( cops used his version against him asking'questions like why did you say "im sorry this happened ") the defence brought in 2 witnesses who backed up that it was a tit for tat . Charge of assault occaissioning dismmissed , after less then 1hr in court .
 
Sanity prevails. I highly doubt it, but I hope that mug has learnt that the ire of the Rugby Legaue community wasn't worth his 15 seconds of fame.

Hoping that Benji finds another gear and we pants the Schoolies.
 
Imagine if that were a Todd Carney or a Paul Gallen. Maybe they would not have been as lucky in the exact same circumstances
 
"overzealous and diluded police…" Give me a break. Sounds like some pretty horrible personal experience there Rambo. But believe it or not there are actually some decent coppers out there. Some might even be Tigers supporters. Who knows. On this occasion they did their job which is what the community expects them to do, and so did the courts, thus the right result. Anyway, on with the footy.
 
STATEMENT FROM WESTS TIGERS AND BENJI MARSHALL
24/08/2011 2:27:18 PM
The assault charge against Wests Tigers five-eighth Benji Marshall was dismissed by Magistrate Carolyn Barkell today in the Downing Centre Local Court.

Chief Executive Stephen Humphreys said that the Club was extremely pleased with today’s outcome.

“Whilst we were always convinced of Benji’s innocence, it is, nevertheless, a great relief that the matter has now been successfully concluded,'' Humphreys said.

“Benji and our Club have been inundated with messages of support and I know that these messages have been a source of great comfort for Benji throughout this matter.

“I’d like to publicly congratulate and commend Benji on the exemplary manner in which he has conducted himself throughout this difficult period.

“We all admire Benji for his extraordinary talents on the football field and he also continues to earn our great respect for the quality of his character and the invaluable work he does in the community.”

On leaving the court this afternoon, Marshall provided a brief statement to the awaiting media.

“It’s been a pretty tough time and I’m very pleased with the outcome of the court proceedings,'' Marshall said.

“I want to thank my legal team as well as Wests Tigers, the NRL, my team mates and family and friends for their support.

“Now let’s play Rugby League."

http://www.weststigers.com.au/default.aspx?s=article-display&id=42447&title=statement-from-wests-tigers-and-benji-marshall
 
@smeghead said:
Imagine if that were a Todd Carney or a Paul Gallen. Maybe they would not have been as lucky in the exact same circumstances
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Ha, if it was Paul Gallen I would doubt the alledged victim would have been discharged from hospital yet.
 
@Swordy said:
Fantastic News

But for those questioning the police… You have a person claiming to be assaulted, has a physical injury and has identified the offender. How can you not do something?

It is up to the Court to make that judgement, and they did just that today.
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That's true to an extent and we don't know what discussions went on between the police and the complainant, however there is some scope for the police to make a decision when charging someone that there is enough to make the charge stick. Perhaps there was in this case, I don't know. Like all or at least msot of you, I've only seen the evidence as filtered down through the court. At the end of the day the poor cops are probably going to get blasted either way: do nothing and people accuse them of giving a celeb a free pass; charge Marshall and they get accused of an overly zealous prosecution.

My own personal take (now that the trial is over) is that it was a fairly weak case with unconvincing witnesses and a fair degree of uncertainty about who did what. What really saved Benji was the participation of a 3rd person (his friend). That created that uncertainty and in the end the Magistrate shrugged her shoulders and said "dunno". I think the prospects of getting a successful prosecution was always fairly slim.
 
Transcript of the Triple 0 call. The operator is either very professional or has no idea who he's talking about.

Operator: Hello this is Police Emergency. Where do you need police?

Soliman Naimey: Hi, I just got hit, um outside corner of Bridge Street and George Street by a football player.

Operator: Ok. It's Bridge Street and George Street, you said?

Soliman Naimey: Yeah I got hit twice. I got hit twice.

Operator: All right, I'll ask you the questions in a moment, sir.

Soliman Naimey: I have witnesses.

Operator: All right sir, I'll ask you these questions in a second. All right?

Soliman Naimey: OK.

Operator: Now have you been injured? You've been punched in the face. Have you been injured? Do you need an ambulance?

Soliman Naimey: No I don't need an ambulance I just got a jab.

Operator: And are you on the corner?

Soliman Naimey: Hey?

Operator: Are you on the corner?

Soliman Naimey: Yeah, I'm on the corner right now.

Operator: All right. Who assaulted you?

Soliman Naimey: Pardon?

Operator: Who assaulted you?

Soliman Naimey: Benji Marshall and one of his friends. I just got punched in the face and I've got a bruised lip.

Operator: Do you need an ambulance?

Soliman Naimey: No, no I'm all right. I just want to report it.

Operator: I'll send police to see you.

Soliman Naimey: OK.

Operator: Where is Benji?

Soliman Naimey: I have witnesses.

Operator: All right sir, just listen. Answer my questions and listen to what I'm telling you. What is your name?

Soliman Naimey: Soliman Naimey.

Operator: And Soliman what's your date of birth?

Soliman Naimey: 14th of the seventh, 1986.

Operator: Where is it in the mouth that he punched you?

Soliman Naimey: He just walked off.

Operator: Which direction did he leave in?

Soliman Naimey: There were three of them. He walked opposite George Street MacDonald's on the other side of MacDonald's.

Operator: So he's walking towards …

Soliman Naimey: Towards Darling Harbour.

Operator: Listen. I'm just trying to confirm what you're telling me. He's walking towards Darling Harbour, is he? On George Street or on Bridge Street?

Soliman Naimey: No, no. Hes walking towards the Harbour Bridge on George Street.

Operator: Towards the Harbour Bridge on George Street.

Soliman Naimey: Towards Circular Quay. He was walking towards Circular Quay.

Operator: OK. What's he wearing?

Soliman Naimey: He was wearing a suit. Three of them were wearing a suit. I got hit by …

Operator: Have you been injured? Do you need an ambulance?

Soliman Naimey: Hey?

Operator: Have you been injured? Do you need an ambulance?

Soliman Naimey: Yes. No, I don't need an ambulance. I just got punched. Ive got like a bleeding lip.

Operator: OK, I'll just get a quick …

Soliman Naimey: Yeah, its an assault.

Operator: I know its an assault. I've got that information.

Soliman Naimey: Sorry. Sorry.

Operator: You have to listen to my questions. I'm trying to talk to the police while I talk to you.

Soliman Naimey: All right, thank you.

Operator: Wait on the line for a second I'm just going to speak to the police as I speak to you 'cause I want to get you to give me a description of what these other guys were wearing. All right, so Benji Marshall, you reckon? What was he wearing?

Soliman Naimey: He was wearing a suit.

Operator: What colour suit.

Soliman Naimey: A black suit.

Operator: A black suit? What colour is his hair?

Soliman Naimey: Hey?

Operator: What colour is his hair?

Soliman Naimey: He's got black hair.

Operator: Short black hair?

Soliman Naimey: Yeah.

Operator: And he's wearing a black suit?

Soliman Naimey: Yeah.

Operator: OK. What about his mate? The second one?

Soliman Naimey: The second guy had short black hair as well. He was of Middle Eastern appearance.

Operator: What kind of appearance?

Soliman Naimey: He was Middle Eastern or Greek. Something like that.

Operator: Oh, OK all right.

Soliman Naimey: I got his (sic) twice.

Operator: Yes, you've already said that, I've got that. Now this second guy of Middle Eastern appearance - How old would he be?

Soliman Naimey: Hes about 30, 35-ish.

Operator: OK. And what colour hair does he have?

Soliman Naimey: He had black hair.

Operator: Short black hair? And he was wearing a black suit?

Soliman Naimey: Yeah. Three of them were wearing suits but two of them hit me.

Operator: So this second guy hit you, did he?

Soliman Naimey: Yeah. First Benji hit me, and then the second time it was another person.

Operator: And it was this guy you just described to me was the other one that hit you?

Soliman Naimey: Yeah.

Operator: All right. What did the third one look like?

Soliman Naimey: The third guy, I can't remember what he looked like. I just seen the two people that punched me.

Operator: All right mate. Well stay there. I just need to broadcast to local police.

Soliman Naimey: Sorry, I cant hear you.

Operator: The police are coming to speak to you Soliman. They're coming to the corner of Bridge Street and George Street in Sydney.

Soliman Naimey: OK. Yeah, McDonald's.

Operator: You're at McDonald's there, are you?

Soliman Naimey: Yeah, I'm outside it.

Operator: OK, outside McDonald's. All right, I'll let the police know and they'll be with you shortly, OK?

Soliman Naimey: Thank you. You're excellent.

Operator: My pleasure. Take care. Bye bye.

Soliman Naimey: Bye.
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Read more: http://www.smh.com.au/rugby-league/league-news/transcript-of-soliman-naimey-triple0-call-20110824-1j9md.html#ixzz1VvJKdm3T
 
@hybrid_tiger said:
Never in doubt. What a waste of time and money.
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My thoughts exactly.

Feel for Benji though, not an easy time, particulalry early on….but sounds like he's had a stack of support.

Good guys win! :righton:

Losers lose. :bash
 
Can;t believe that transcript. I hope the cops gave him a lecture on what exactly constitutes an EMERGENCY triple zero call.
 
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