Alleged victim will object to giving evidence against her cop husband

Detectives from the Warrnambool police family violence unit charged the accused man, who cannot be named because that could identify the victim, with one count of unlawful assault in early 2023.

The man appeared in Warrnambool Magistrates Court on April 19, 2024, for a contest mention hearing.

The court heard six witnesses were expected to be called when the man contests the charge at a two-day hearing on May 22 and 23.

But his barrister said an application would be made which could see the alleged victim prevented from giving evidence for the prosecution.

Under the Evidence Act, a person who is the spouse, partner, parent or child of the accused in a criminal proceeding may object to being required to give evidence for the prosecution.

That application will be heard in the same court on May 17.

The man's barrister said if the application was granted, the prosecution would have to file a hearsay notice, which would allow evidence from a witness testifying what he or she has heard another person say.

He said if the defence was able to successfully oppose the hearsay notice, an application would likely be made to put an end to the case due to an "abuse of process".

"It's a little bit unwieldy," the barrister said.

A prosecutor asked the court to organise a remote witness facility for the two-day contested hearing which magistrate Simon Guthrie questioned because the accused victim was seated next to her husband throughout the court proceedings.

"I have so many questions," he said, but left it at that.

The accused man will face court again next month.

A Victoria Police spokesman previously confirmed the sergeant would be suspended without pay effective from December 20, 2023, once he had exhausted his leave.