How yoghurt photo cleared actor of assault
Actor Dan Wyllie, who was cleared on Tuesday of assaulting his estranged wife after she dumped yoghurt and flax seeds on his head, used selfies to show his innocence in court.
A magistrate threw out the charge against the Love My Way and Offspring star on Tuesday, finding Mr Wyllie not guilty.
Police alleged his wife Shannon Murphy, an acclaimed film and TV director who has worked on the popular show Killing Eve, was brutally assaulted by Mr Wyllie after the former couple returned home from drinks at their neighbours and an argument broke out at their Woollahra home.
Mr Wyllie's barrister, Peggy Dwyer, told the Local Court he was acting in self defence after Ms Murphy assaulted him by tipping yoghurt and flax seeds over his head and then "belted" him on the back of the head with her mobile phone.
She said photos tendered in court showing the actor covered in yoghurt and flax seeds proved Ms Murphy's version of events was a "bald lie".
Mr Wyllie, who the court heard had lost work in the wake of being accused of domestic violence, showed no emotion as the charge was dismissed.
The three-day hearing involved a brief appearance from movie star Toni Collette, who fronted court on Monday afternoon to vouch for Mr Wyllie's character.
The Academy Award nominee said she had known Mr Wyllie since she was 17 and described him as "never aggressive" and "one of the best people I know".
Ms Collette said she had never seen Mr Wyllie be abusive towards Ms Murphy and he in fact spoke highly of her when she wasn't there.
"About how talented she is. About how she's trying as a mum. And about how much he loves her. Loved her," Ms Collette said.
She also defended herself against claims she had bullied Ms Murphy, saying "I have never been mean to her or anybody else".
"Bullying is something I am vehemently and actively against. And it's the reason I'm here today, to be honest," she said.
Outside court, Ms Collette said she would have liked to say more, but when asked to expand she simply replied: "Do you think I'm stupid?"
Magistrate Greg Elks said Ms Murphy was an unimpressive witness who he found was not telling the truth about what unfolded in the former couple's Woollahra home on March 21, 2020.
As he summed up the case, Magistrate Elks said Ms Murphy alleged Mr Wyllie had erupted in a violent rage after she poured yoghurt on him in an argument.
She alleged Mr Wyllie had catapulted her two metres across the bathroom and pinned her to a wall with her wrists as she hit him with her phone to break the grip, according to the magistrate.
She then told the court he then struck her 10 times as she tried to crawl away, and pressed her jaw so hard against the floor that she was petrified it would snap, he said.
Magistrate Elks found Ms Murphy's evidence could not be accepted for a number of reasons, including the fact she had not told police across seven different statements that she had struck Mr Wyllie with her phone.
The magistrate said he was "most unsettled" that Ms Murphy told a police officer she had lied in her initial complaint as she begged the senior constable not to take out an AVO on March 25.
"In essence she was saying that one, she lied to the police earlier, or two, she was lying to the police at that particular time," Magistrate Elks said.
"It is true that people lie for any number of reasons. But the bottom line is, a lie is a lie, and that does cast a great pall over the complainant's evidence.
"I formed the view that she was being less than honest with the court in relation to what truly occurred on the 21st of March."
He said Ms Murphy's lack of injuries in the wake of the incident was inconsistent with the "sustained, vicious" attack she described.
"When the police officers saw her, every one of them recorded that they saw no visible injuries," he said.
Photographs revealed no "significant injury" other than a cut on her neck that fell well short of what was described, he said.
Earlier on Tuesday, Ms Dwyer had argued there were serious problems with the prosecution case including its failure to rule out self defence.
Ms Dwyer said Ms Murphy had frequently given "implausible" and "self-serving" evidence that was countervailed by a number of photographs and videos taken by Mr Wyllie.
In particular, the barrister pointed to Mr Wylie's selfies and a video recorded in the wake of the yoghurt incident, which she said showed Ms Murphy's story about Mr Wyllie immediately jumping up and storming out of the room in a rage after she poured yoghurt on him was not true.
Rather, the evidence showed a "frustrated" Mr Wyllie covered in yoghurt and cleaning up the stained sheets, she said.
"She's been caught out in what can only be a bald lie," Ms Dwyer said.
Unusually, the defence was permitted to produce tendency evidence to argue Ms Murphy had inflicted past abuse on Mr Wyllie and this was a crucial backdrop to the assault allegation.
Ms Murphy admitted punching Mr Wyllie in 2012, Ms Dwyer said, and videos captured by Mr Wyllie suggested she had thrown hot coffee at him and ripped his shirt in 2018.
Ms Dwyer said Ms Murphy's evidence that she in fact spilt coffee while gesticulating was "ludicrous".
"It's not gesticulating in circumstances when the coffee is right up the wall and dripping down the other side," she said.
She cited Mr Wyllie's clean criminal record and said Ms Collette's evidence spoke volumes.
"It is no small thing that somebody of Ms Collette's profile, in this cancel culture that we live in … that she's prepared to get in the witness box and say he is kind and compassionate," she said.
Mr Mussing said Ms Murphy did not have the "luxury" of photo or video metadata to assist her recall and had been an honest, if not entirely consistent, witness.
He said her unclear memory was due to trauma from the incident and that she had "well founded" concerns about making a police report given the impact it would have on her entire family.
But Magistrate Elks was unconvinced and found Mr Wyllie not guilty, also granting him a costs certificate.
Mr Wyllie did not speak outside court.
Originally published as How yoghurt photo cleared actor of assault