Man appeals guilty verdict of stalking 21yo
A MAN who was found guilty of stalking a 21-year-old woman at her Coast workplace has successfully appealed his guilty verdict.
At Noosa Magistrates Court on November 30, 2018, Noel James Tierney was convicted and sentenced of unlawful stalking.
The prosecution alleged Mr Tierney frequently loitered at the woman's workplace of Noosa Radiology between November 1, 2017 and March 17, 2018.
The court heard the woman would start work early on Wednesdays, before other receptionists would arrive, and she began noticing Mr Tierney walking in about 15 minutes after she arrived.
" … on one occasion she approached and asked if she could help and he said he was waiting for his son, sat there for another 30 seconds to a minute and then walked out and did not return," a court document stated.
The woman described Mr Tierney doing a U-turn at the end of her street on the morning of March 16 and following her to work.
But appeal judge Gary Long found evidence did not allow coincidence to be ruled out as an explanation for Mr Tierney's behaviour.
During the trial, the magistrate said Mr Tierney suggested he was simply travelling to Tewantin on the morning the woman thought she was being followed.
"He might have suggested his route, although it is probably a lie," the magistrate told Noosa Magistrates Court.
Mr Tierney was sentenced to 12 months' probation.
He appealed the guilty verdict on December 20, 2018 and also appealed the sentencing orders that he was to pay the woman $1000 in compensation and a five-year restraining order was to be put in place.
Court documents released last week revealed Mr Tierney successfully appealed his conviction as a result of a hearing at Maroochydore District Court on October 11 last year.
Mr Tierney's appeal contended a restraining order of five years was excessive and unnecessary.
"Secondly and in respect of the compensation order, it was contended to be
unnecessary and without basis, in that the complainant was put to no expense, had no
time off work and had no counselling or other intervention," the court document stated.
Maroochydore District Court heard the consequential orders of Mr Tierney's guilty conviction were set aside and parties would be heard as to further orders including whether the restraining order should remain.