ACT prosecutors have been forced to abandon charges against a man accused of a violent robbery because police officers incorrectly gathered the evidence used to identify him.
Jaiden Ashton Higgins was charged with robbing and bashing a man who was walking home from the Belconnen bus interchangeIt caused the case to fall over just hours before Mr Higgins's trial was due to begin
Prosecutors had alleged he grabbed the man's jacket and said: "Give me all your stuff", before dragging him into a home and locking him in a bedroom.Mr Higgins was arrested that night and later charged with aggravated robbery and forcible confinement, to which he pleaded not guilty.Prosecutors had previously alleged Mr Higgins had robbed a man while he walked home from the Belconnen bus interchange in July 2022.
The officer in charge of the case told the court that "ideally" you should offer an identification parade, but he was ultimately "pretty happy" with how Mr Higgins had been identified. Justice Chrissa Loukas-Karlsson agreed the police conduct was "far from ideal" and amounted to a "failure to comply with a clear legislative requirement"."I do not accept that the contravention was 'slight.' There was at least a high degree of recklessness."
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