ORANGE Local Court magistrate, Terry Lucas, will decide on Friday whether to dismiss criminal charges laid by police against former Orange Ratepayers Association executive member Brian Wood, who is accused of stalking former Orange councillor Fiona Rossiter and her husband Paul.
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Wood pleaded not guilty to the charges and was expected to face a hearing yesterday, however, his barrister Chris Simpson asked Mr Lucas to read the Rossiters’ statements and decide whether there was enough evidence for the hearing to go ahead.
Mr Simpson argued there was no logical reason why Mrs Rossiter should fear Wood, who simply drove past her business, Bissy’s Cafe, or was seen in the same public area as the couple.
“There is no evidence there is reasonable grounds for the Rossiters to have this fear they say they have,” Mr Simpson said.
“Being in the same shopping centre at the same time or driving by [Bissy’s Cafe] when it’s on the main street he needs to drive on to go to and from home ... it is not a reasonable fear.”
Mr Simpson said one of the alleged stalking incidents occurred when the Rossiters walked into a cafe and Wood was already there.
Police allege that over a period of 212 days, from September 2013 to Wood’s arrest in April 2014, Wood stalked the couple.
This court appearance is the latest in a long-running stoush between Wood and the Rossiters, which started in December 2012 when Mrs Rossiter attempted to take out a personal apprehended violence order against Wood and another association member.
Her case was dismissed. She appealed and it was dismissed again.
Police prosecutor Sergeant Phil Donato yesterday said Wood could have avoided driving near the cafe given the volatile history between him and the alleged victims.
“There were alternative routes he could have taken to avoid that location and it would not have been a huge inconvenience,” Sergeant Donato said.
He said during the 212 days there were about 10 instances where the Rossiters had “some degree of contact or had seen Mr Wood in the vicinity of their business premises.”
“One instance he was leaning against a telegraph pole across the road, looking into the cafe,” he said.
The law describes stalking as following a person about or watching or frequenting the vicinity of a person’s place of residence, business or work, Sergeant Donato said.
“It wasn’t just one or two or three incidents ... if she had seen him in the supermarket in isolation then it would not have been stalking but ... a conduct of such a nature on so many occasions amounts to stalking,” he said.
