NSW Can a prosecutor defame you?

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Jaywoo220

Well-Known Member
11 November 2019
397
5
589
I understand a prosecutor has absolute privlege inside the court room.

A prosecutor claimed I fabricated an expert reportaking a number of false accusations in court.

He then contacted the author outside of court and made a number of false accusations against me including I fanricated evidence and provided a false report?

Do I have any cause of action?

Is he allowed do this?
 

Jaywoo220

Well-Known Member
11 November 2019
397
5
589
I was a defendant in a criminal matter. One of the charges was damage property.

On day of hearing, I submitted an biomechanical expert report at short notice highlighting the small probability of being able to hit a moving car from a seated position that was travelling at speed . Theaximum angle I could throw at was 28 degrees die to balcony.

In court prosecutor made out i wrote report.

He then contacted third parties, including the report writer, to make further accusations.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
Unlikely to be defamation.

Unlikely to have any other cause of action.

He is likely able to do what you said without consequences. Though the detail of what was said and how, and in what context will determine whether you have any recourse against them. Based on the minimal information you gave I don't like your chances.