SUCCESS STORY

New South Wales

NSW PWC Investigation – Police Concede No Grounds to Proceed Following Defence Intervention

EAS Legal recently represented a client facing a serious police investigation following a PWC incident on the Murray River. With criminal charges, licence loss, and significant legal costs all on the table, we didn’t wait — we intervened early. By identifying critical weaknesses in the investigation before any charges were laid, including evidentiary gaps, procedural deficiencies, and jurisdictional complications, we challenged the police case at its foundation and protected our client from the outset.

No Grounds to Proceed | EAS Legal
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Case Overview

Charge: Charges yet to be laid

Client: Anonymous Client

At EAS Legal, we recently represented a client in relation to a personal watercraft (PWC / jet ski) incident being investigated by police following a serious accident on the Murray River.

The matter carried significant consequences for our client, including the potential for criminal charges, a defended hearing, substantial legal costs, and the risk of losing his licence.

From the outset, our office identified serious issues with the investigation and the ability of police to properly establish a prima facie case.

Our Approach

Rather than waiting for charges to be laid, our office took a proactive and strategic approach, intervening at the investigation stage.

We conducted a detailed review of the available material and raised several significant issues directly with police, including:

  • The absence of any contemporaneous evidence
  • Serious deficiencies in the investigation process
  • Concerns regarding police due diligence
  • Difficulties surrounding cross-jurisdictional evidence and medical material
  • The inability to properly establish all elements of any proposed offence

We also placed police on notice that:

  • The matter lacked sufficient evidentiary foundation to proceed
  • Continuing the matter unnecessarily would create live cost issues
  • Our client should not be put to the expense of defending fundamentally flawed proceedings

Our office made it clear that pursuing charges in circumstances where the evidence was incapable of supporting a prima facie case would not be an appropriate use of court or community resources.

The Outcome

Following our intervention and detailed representations:

  • Police conceded there were no grounds to proceed with the more serious allegations
  • Our client avoided the need for a defended hearing
  • Our client avoided the risk of licence loss
  • Significant legal costs and ongoing litigation were avoided

The matter ultimately resolved by way of a minor infringement only, bringing the matter to an efficient and practical conclusion.

Why This Result Matters

Many criminal and traffic matters can be resolved long before charges ever reach a courtroom — provided early and strategic legal intervention occurs.

This case highlights the importance of:

  • Engaging experienced lawyers at the investigation stage
  • Challenging deficiencies in police evidence early
  • Raising procedural and evidentiary flaws before charges are laid
  • Strategic negotiation focused on avoiding unnecessary litigation

In this matter, proactive defence work prevented our client from enduring what would likely have been a costly and stressful contested proceeding.

Under Investigation by Police?

If police are investigating you or requesting information, obtaining legal advice early can significantly change the course of a matter.

EAS Legal regularly assists clients during the investigation phase of criminal and traffic matters across New South Wales and Victoria.

1800 117 533
www.easlegal.com.au

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