A Wollongong man accused of "splashing" a woman and one-year-old baby with petrol in an alleged domestic attack last year has been cleared of his charges.
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Tony McEwan appeared before Wollongong Local Court on Monday for a hearing over the alleged June 2022 incident.
However a recorded domestic violence statement was found inadmissible and the matter was withdrawn.
The 41-year-old previously pleaded not guilty to three counts of common assault and one count each of damaging property and intimidation intended to cause fear of physical or mental harm.
McEwan was arrested in June last year when police responded to calls of an alleged assault at a Mount Saint Thomas address.
The court heard the alleged victim was babysitting a one-year-old girl at the property when McEwan became abusive, prompting her to barricade herself and the child in a room.
McEwan was then accused of kicking open the door of the room and "splashing" the woman and baby with petrol.
According to police, the woman had begged McEwan not to pour the chemical, to which he was alleged to have responded: "I don't f---ing care."
It was alleged McEwan also struck the woman across the back and head, before she managed to flee and call triple-0.
The woman provided a recorded statement to police, which the prosecution intended to use as evidence in court after she failed to appear on Monday.
The court heard several attempts were made to contact the complainant to no avail. It was the second time she did not appear, with the hearing originally scheduled for last November.
Police prosecutor Sergeant Smith argued the hearing should go ahead regardless as a recorded domestic violence statement (DVEC) was evidence of "the highest probative value".
"It isn't unfair to play (the DVEC) in court, it was captured a very short time after the alleged offences," Sgt Smith said.
Magistrate Gabriel Fleming accepted that such statements are of high value but deemed it inadmissible.
"These are very serious allegations ... but we know the defence would have no opportunity to test these charges," Magistrate Fleming said.
"The prejudice far outweighs the probative value."
The matter was subsequently withdrawn.
If you or someone you know is experiencing domestic or family violence contact the national sexual assault, domestic violence counselling service 24-hour helpline 1800 RESPECT on 1800 737 732.
Read more Illawarra court and crime stories here.
Grace Crivellaro
Court reporter for the Illawarra Mercury.
Court reporter for the Illawarra Mercury.
