'Tell it to jury': Brisbane man's Gympie case goes to trial
A BRISBANE man will face trial on a stalking charge, after Gympie Magistrate Chris Callaghan ruled that it was up to a jury to decide his guilt or innocence.
Mr Callaghan said he was bound to accept witness evidence unless it was "inherently improbable” and beyond that, a jury had to be the authority on the facts of the matter.
Shane Grant Boston, 43, of Kenmore, has pleaded not guilty to unlawful stalking and breaching a court order between June 5 and July 25 last year.
His barrister, Geoff Gunn submitted that a jury, properly instructed could not find Mr Boston guilty of charges involving "inadvertent or coincidental passing one of the other.”
A text message to Mr Boston's daughter did not constitute stalking, he said.
Nor did attendance at his wife's parents' home or driving past her on the street, he said.
He said the complaints were made in the context of a Family Court dispute over property and the complainant, Sharon Ward, had exaggerated.
However, police prosecutor Lisa Manns told the court Ms Ward's evidence was honest and reliable.
Mr Callaghan committed Mr Boston for District Court trial at a date still to be determined.