Channel Seven star Ryan Phelan, 45, is CLEARED of assaulting ex-fiancee

Channel Seven star Ryan Phelan, 45, is CLEARED of assaulting ex-fiancee inside their $2million home – as his lawyers claim HE was the victim after they found evidence of her ‘previous police matters’

  • Channel Seven star Ryan Phelan, 45, has been cleared of assaulting his fiancee
  • The Daily Edition host was charged with assaulting Chelsea Franklin, 44, in June
  • Phelan’s lawyers claimed he was the victim after police dropped all the charges 
  • It was alleged Phelan ‘dragged’ and ‘grabbed’ her after she threw his music discs
  • Phelan always ’emphatically’ denied assaulting Ms Franklin and plead not guilty 
A hearing into allegations that Channel 7 star Ryan Phelan (left) assaulted Chelsea Franklin (right) inside their $2 million home in June

A hearing into allegations that Channel 7 star Ryan Phelan (left) assaulted Chelsea Franklin (right) inside their $2 million home in June

TV star Ryan Phelan has had charges of assaulting his dance teacher ex-fiancee dropped by police, with his lawyers now claiming he was the victim.

Phelan, 45, was charges with two counts of assault in June after police alleged he had assaulted Chelsea Franklin during a row inside their $2million home at Frenchs Forest, on Sydney’s northern beaches.

Just days before the incident Phelan had been sacked as host of The Daily Edition by his longtime employer Channel Seven.

Phelan denied any wrongdoing from the outset and on Friday morning NSW Police dropped the charges against him.

‘I have always taken a stand against domestic violence and find it abhorrent. These accusations were distressing and extremely damaging to me and my reputation,’ he said in a statement.

‘I would like to thank NSW Police for their thorough investigation into this matter.’

Ms Franklin (left) went to police claiming she was assaulted by her de facto partner Ryan Phelan (together on right) on June 20
Phelan has 'emphatically' denied assaulting Ms Franklin and pleaded not guilty to two offences

Ms Franklin (left) on

Phelan’s glamorous solicitor Claudette Chua said ‘new evidence’ had come to light, leading prosecutors to drop the charges.

Ms Chua indicated that as part of the proceedings she and her legal team had been planning to use information about ‘previous police matters involving Ms Franklin’.

‘We are thrilled yet not surprised by the news today,’ she said.

‘Mr Phelan has always emphatically denied the allegation made against him. It was a matter of time before the truth came to light.

‘New evidence put before Police clears Mr Phelan of wrongdoing and highlights that he was in fact the victim.

‘At the time of the withdrawal of charges, we had also subpoenaed information about previous Police matters involving Ms. Franklin. Until these proceedings, my client had been in the dark about those matters, and we are confident that they would have supported a finding by the Court, and the public, that Ms. Franklin’s motives were unscrupulous and vindictive.’

The case had initially been set down for a hearing on December 22 with police set to allege Phelan had grabbed Ms Franklin around the neck and chest.

She had claimed he then dragged her across a room of their house and ‘threw’ her to the ground.

On the morning after his arrest Ms Franklin told Daily Mail Australia she was ‘gutted’ by the row that ended their relationship and indicated that his sacking was to blame.

‘I’m gutted, I’m devastated, I’m shattered. I’ve lost my lover, I’ve lost my boyfriend – I love him,’ Ms Franklin said.

Phelan's solicitor Claudette Chua (left) appeared on his behalf in Manly Local Court on Tuesday where the prosecution indicated Ms Franklin and the officer in charge of the case would be the only two witnesses at the December 22 hearing

Phelan’s solicitor Claudette Chua (left) appeared on his behalf in Manly Local Court on Tuesday where the prosecution indicated Ms Franklin and the officer in charge of the case would be the only two witnesses at the December 22 hearing

‘It was just a horrible mistake really, we’ve had a wonderful two-and-a-half years together, nothing like that has ever happened before.

‘Obviously with what’s going on with him being made redundant and there’s a couple of other personal issues I had and he had, and I think it just took its toll.

‘I love Ryan, he’s an amazing person… its been a tough, tough week, but he’s been an amazing person to me and I love him. It’s just a horrible mistake.’

An AVO taken out by police to protect Ms Franklin was also dropped on Friday.

In their application to a court for the AVO, police alleged Phelan and Ms Franklin had returned early from a holiday in the Hunter Valley on Saturday, June 20.

The pair had an argument with each other over the ‘quality of their accommodation’.

When they got home, Ms Franklin claimed Phelan was in a ‘cold’ mood toward her and ignored her for the rest of the day.

Court documents said Ms Franklin then confronted Phelan in the downstairs area of their $2million Frenchs Forest home about 5.15pm. She began throwing records from his music collection on the floor.

The police application said: ‘(Ms Franklin) picked up one of the defendant’s music records from a shelf and said: “It seems like you care more about these records than me”.

The alleged assault came just days after Phelan lost his job as the host of Channel 7 afternoon program The Daily Edition (Phelan is pictured with former co-host Sally Obermeder)

The alleged assault came just days after Phelan lost his job as the host of Channel 7 afternoon program The Daily Edition (Phelan is pictured with former co-host Sally Obermeder)

Sources claim Phelan was watching the football on TV at the time.

The AVO application alleged Ms Franklin then threw the ‘records’ on the ground and Phelan approached her.

‘(Ms Franklin) alleges the defendant grabbed her around the chest and neck area, placing her in a hold and dragged her across the room before throwing her to the ground.’

This is my house, you f***ing get out
What Ms Franklin alleges Phelan said to her in court documents

The court document alleges she felt ‘immediate pain to her neck and collarbone area’ and ‘sustained bruising to the shoulder and chest area’.

‘(Phelan) said to (Ms Franklin) ‘this is my house, you f***ing get out’ before the defendant walked off to the kitchen,’ the documents claim.

Ms Franklin allegedly then collected her belongings and went to police with her teenage daughter, where it is claimed she was seen ‘visibly shaking and in tears’.

Phelan was later charged with assault occasioning bodily harm and common assault. He ’emphatically’ denies both charges.

Outside court in June, Phelan's solicitor Ms Chua (pictured) claimed the allegations against her client were 'false' and described them as 'unhelpful to women everywhere'

Outside court in June, Phelan’s solicitor Ms Chua (pictured) claimed the allegations against her client were ‘false’ and described them as ‘unhelpful to women everywhere’

TIMELINE: RYAN PHELAN CHARGES

June 19: Seven announce The Daily Edition will be axed, Phelan sacked

June 20: Alleged incident occurs between 5.15pm and 5.25pm at Frenchs Forest home

June 22: Phelan is charged by police

June 29: Phelan lawyer issues statement saying he ’emphatically denies’ assaulting Ms Franklin

June 30: Phelan pleads not guilty to the charges

August 11: Next court date

The alleged assault came just two days after Phelan was told he was being made redundant by Seven and that the show he co-hosted with Sally Obermeder was being axed.

Phelan was granted conditional bail a week ago and an interim apprehended violence order is in place with standard conditions banning him from approaching her.

Outside court in June, Phelan’s solicitor Claudette Chua claimed the allegations against her client were ‘false’.

She told a large crowd of reporters that her client had been cooperating with the police investigation.

‘Mr Phelan has been cooperating with police,’ she said.

‘He respects and understands that the police, and the courts, have an obligation to take any allegation of domestic violence very seriously.

‘False allegations of domestic violence are extremely serious, they result in the total unacceptable victimisation of the accused person, and they also are unhelpful to women everywhere.’

Posted in Domestic Violence, False Allegations, Hot Topics, Violent Women | Leave a comment

Imprisoned for false accusation of rape

Thanks to familylawexpress for publishing this article : http://www.familylawexpress.com.au/family-law-news/familyviolence/falseallegations/imprisoned-for-false-accusation-of-rape/2883/

erasing-the-scales-of-justiceAfter 10 months in custody for a sexual assault that never occurred, Stephen Black, 46, sued the police for wrongful arrest, false imprisonment and malicious prosecution last November, 2014.

Miscarriage of justice is now a real danger, in a “terrible climate” clouding the truth in sexual assault cases.

Wrongfully charged for raping a teenager from the time she was aged 10 to 14, Black wasted away within the walls that housed rapists and murderers.

Despite being refused bail three times, his freedom eventuated when a separate report made by the same girl was falsified.

In this separate case, the then 17 year old claimed to have been walking the streets of Baulkam Hills when she was abducted by five men in a car and gang-raped.

It took extensive investigations by 10 officers to disprove this grim tale.

Rape is among the most difficult crimes to prove or indeed, disprove with its ‘he said/she said’ dilemma.

Pooled from faded childhood memories, evidence is especially unreliable where the alleged victim is underage and litigation is delayed.

However, errors in recall could indicate a false report and must be examined.

There were clear inaccuracies in the girl’s written statement, which contradicted her mother’s account and Black’s physical features – inaccuracies the police negligently overlooked.

The girl described Black’s penis as circumcised when it was uncircumcised, and insisted that she could tell the difference.

Familiarised with the statement and having inspected the suspect’s genitalia during a strip search, the police would have been well aware of this inconsistency.

Were it not for their failure to raise this topic during a three hour interview with Black, he would likely have been released immediately.

Instead, he was unable to defend himself, later protesting, “I can disprove every point she made but I was never given the chance.

I was just sent to jail.”

Moreover, the police admitted they knew Black was probably innocent.

He awaits apology from the police for unlawful arrest conducted in a “high-handed, calculating, humiliating and oppressive manner”.

Black’s Lawyer, Greg Walsh is concerned that the mass hysteria surrounding child sexual assault prevents fair trial for the accused.

Sex crimes have gradually moved to the public forum following a string of highly circulated cases including the conviction of ‘Hey Dad!’ lead, Robert Hughes, and a Royal Commission inquiry into child sexual assault.

With State support, rape victims have become more likely to report their experiences.

The number of reports to NSW police skyrocketed to a four year high in 2013.

These climbing figures are easily misinterpreted as an actual surge in sex crimes, fanning community concern and sympathy for victims.

While rape victims were once unduly shamed, their accusations are now automatically believed.

Today, the victims of the system are the falsely accused who are “guilty until proven innocent”. The result is equally unjust.

While on remand, Black lost his job as a commercial landscaper and has struggled with re-employment, even after charges were dropped in September.

The horrific ordeal has tainted Black’s once “easygoing” character with bitterness.

Litigation and its financial pressures has distressed the whole family, possibly contributing to his father’s death.

These are the real repercussions of unfair process.

Ultimately, despite Black’s suffering, the false accuser remains anonymous due to her psychological condition.

Neither Walsh nor the police intend on pressing charges against her.

This over-arching decision has been supported by Bravehearts director, Hetty Johnson, who fears that charging the accused would intensify the”silence, secrecy and shame” of actual victims.

Rape victims rarely step forward, with only an estimated 2 to 10 percent of rapes being reported. The risk of community slander and legal punishment if they fail to prosecute their attacker would only discourage them further.

The flaw of this logic is that showing compassion for false accusers generates more false reports, squandering valuable resources and proliferating myths about women that ‘cry rape’ for revenge, attention or other personal motives.

As Walsh explains, the “pendulum has swung too far.

It has to come back somewhere in the middle”. Rape is a horrendous crime, and so too is the imprisonment of the innocent.

To protect the public against both, the accused’s right of self defence must be balanced with gender-sensitivity. Only then can the truth be uncovered.

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Posted in False Allegations, Family Law, Hot Topics | Leave a comment