Former Northern Territory police officer Chris Tencate has been discovered not responsible of aggravated assault and unlawfully utilizing a weapon following two days of hearings on the Alice Springs Native Court docket.
- Chris Tencate has been discovered not responsible of aggravated assault towards his spouse
- The court docket heard an audio recording of the occasion, which the decide discovered supported each events model of occasions
- NT police are nonetheless pursuing a home violence order towards Mr Tencate
Mr Tencate had been stationed on the distant neighborhood of Arlparra, 300 kilometres north-east of Alice Springs on the time of the alleged offending.
Yesterday the court docket heard testimony from Mr Tencate’s spouse, Michelle Du Toit, that he pointed his service pistol at their one-year-old son throughout a lunch break in Might of this 12 months.
She instructed the court docket he had additionally pointed an armed taser at their toddler son’s head and chest, then at her.
Mr Tencate gave proof strenuously denying the allegations and in the present day Decide David Bamber discovered Ms Du Toit’s allegations “unproven”.
Placing on a lightweight present
An audio recording of the lunch break go to to their residence within the Arlparra police compound, captured by Ms Du Toit, was performed a number of occasions for the court docket.
Within the recording, which lasted slightly below two minutes, Mr Tencate could possibly be heard getting into the room, greeting his household and making “pew pew” noises.
Ms Du Toit is heard saying “please do not level that at our son” after which after a pause, “that is higher”.
She instructed the court docket that regardless of his “jestful” tone she believed he had supposed to frighten her.
She stated felt “powerless” and “frightened” throughout the interplay.
Mr Tencate instructed the court docket her account of the occasion was inaccurate.
He denied eradicating his gun from its holster and stated he “raised” the weapon inside its holster.
Mr Tencate instructed the court docket that he did “foolishly” flip the taser on, which was supported by a log of the weapon’s exercise, however he “completely didn’t” goal the armed taser at his son or spouse.
“What occurred is I used to be speaking to [my son] in a voice, he then put his arms out wanting me to choose him up.
“So distracting him from that I took the taser out, turned it on and pointed it on the ground immediately in entrance of me and commenced to do a lightweight present for him.”
Decide Bamber stated in his judgement each sequence of occasions have been plausibly according to the audio recording.
“Each witnesses have been credible of their accounts,” Decide Bamber stated.
“The defendant has given proof which in all fairness open for the court docket to simply accept … on condition that, [the charge] just isn’t made out.”
Spouse’s account not robust sufficient
Decide Bamber additionally stated the case for ongoing abuse within the relationship, which might account for why Ms Du Toit was so fearful throughout this encounter, had not been confirmed.
“There actually is not robust help for her model of occasions,” he stated.
The court docket heard from two former companions of Mr Tencate — one from 2001 and one from 2005 — who each instructed the court docket he had by no means change into aggressive with both of them.
Throughout her testimony, Ms Du Toit instructed the court docket she started recording and journaling her interactions with Mr Tencate as a result of she stated he was typically indignant and she or he believed she was being “fuel lit”.
The court docket heard the taser occasion had not been recorded in her journal and defence counsel Joshua Nottle instructed the court docket that was proof the incident on Might 31 had not been “sinister”.
Mr Nottle argued Ms Du Toit had used the audio recording to arrange Mr Tencate after the very fact and argued that if their relationship had been abusive, there would have been extra proof to help that declare.
“However the truth is madam, the rationale you did not discuss [the taser] to police or anybody you engaged early, is as a result of he by no means pointed the taser at you or at [your son],” Mr Nottle stated.
She instructed the court docket this element had been uncared for as a result of that week had been “loopy” and that she had not identified on the time that it was a critical occasion within the eyes of the legislation.
Northern Territory Police are pursuing a Home Violence Order towards Mr Tencate.
Prosecutor Russ Hammill instructed the court docket “there’s a lot extra [material to support a DVO]”.
Mr Nottle stated his shopper contested the DVO.
The matter returns to court docket November 16.