Last month Judge Heron found that Barry Cable had assaulted a women many decades ago. The finding was made in the civil jurisdiction of the District Court. The victim was awarded monetary damages.
Judge Heron applied the civil standard of proof that is on the balance of probability Barry Cable assaulted the woman. In other words, His Honour found that it was more probable than not that what the victim said happened to her.
WA Police have now entered the frame, most likely at the insistence of the victim’s lawyers, to go investigate the claims against Barry Cable. In criminal proceedings the standard of proof is considerably higher.
A jury or judge sitting alone must be satisfied beyond a reasonable doubt that Barry Cable assaulted the complainant – the applicant/victim in the civil proceedings. The standard of proof is the in our legal system. WA Police will have a lot of work ahead of them if they are going to bring this matter to a criminal court.