A charge against a New Zealand police officer, accused of indecently assaulting a teenager at a soccer tournament, has been dropped.
David Brooke, 67, had been accused of "aggressively" picking up the girl and squeezing her breast while demonstrating a "superhero" pose at the Kanga Cup in Braddon.
He pleaded not guilty to one count of committing an act of indecency without consent.
The charge was withdrawn in the ACT Magistrates Court on Tuesday, after a prosecutor offered no evidence.
The case had been scheduled for a four-day hearing.
The sergeant was visiting the ACT from Auckland to work as a senior referee and mentor at the tournament when the alleged act occurred on July 1, 2023, two days before play officially began.
Representations by one of Mr Brooke's lawyers, Satomi Hamon, sent to the office of the Director of Public Prosecutions in February 2024 state the charge was "doomed to fail".
"I am writing to invite your office to review this matter in advance of the hearing, with a view of discontinuing the prosecution of the charges," Ms Hamon wrote.
"The allegation that Mr Brooke touched the complainant's breasts, or, in the alternative, that he assaulted her, will be difficult for your office to prove beyond a reasonable doubt for several reasons."
The lawyer claimed CCTV footage of the alleged incident showed "Mr Brooke's right arm is nowhere near the complainant's breast area".
"From this position, it would not be possible for Mr Brooke's hands to be located anywhere near the complainant's breasts."
The document also claims the alleged victim's description of events in her evidence in chief interview were "clearly inconsistent with the footage".
Ms Hamon stated discussions about what happened with "many other persons" prior to talking to police "have infected her memory".
"We believe the complainant is honestly mistaken in her memory of the event."
Cross-examination would cause "significant distress" to the child and "is not in the interests of justice", the lawyer argued.
"[Cross-examination] given the footage directly contradicts her evidence, is likely to be confronting, confusing and humiliating."
On Tuesday, the court ordered the government pay Mr Brookes' costs.
- Support is available for those who may be distressed. Phone Lifeline 13 11 14; MensLine 1300 789 978; Kids Helpline 1800 551 800; beyondblue 1300 224 636.
