Michael Lichaa: Twist in DV case as ex-partner fails to show in court
Michael Lichaa’s former teammate, Adam Elliott, says the ex-NRL star did not assault his former partner, with a court hearing the incident resulted in a breakdown of their mateship.
On a day of high drama inside Sutherland Local Court on Thursday, Mr Lichaa’s former fiance failed to show up to give evidence, with the court hearing she no longer wanted to take part in proceedings.
The former Cronulla and Canterbury hooker has denied assaulting Kara Childerhouse during a heated late-night incident in February last year.
Police allege Mr Lichaa, 29, was involved in an argument which prompted concerned neighbours to call police to his Connells Point home in southern Sydney.
The court was told the incident occurred after Mr Lichaa caught Ms Childerhouse cheating on him with his mate and former teammate, Mr Elliott.
But Mr Elliott – who was the only witness to the incident outside of the former couple – denied Mr Lichaa had struck him or Ms Childerhouse.
When it was suggested Mr Lichaa had assaulted Ms Childerhouse, Mr Elliott told the court via phone: “I disagree.”
Mr Elliott told the court he had been drinking for about 12 hours at Mr Lichaa’s home when in the early hours of the morning Mr Lichaa had walked in on him and Ms Childerhouse “kissing and whatnot”.
The court has previously heard Ms Childerhouse told friends that Mr Lichaa had caught her performing a sexual on Mr Elliott.
He said Mr Lichaa looked like he was in “shock” and said “What the f*** are you doing?”
Mr Lichaa punched a glass window inside his house before Ms Childerhouse wrapped a shirt around his arm to stop the bleeding.
The court heard Mr Elliott the following day sent Mr Lichaa a message saying: “I’m so sorry for betraying you and our friendship.
“I have some serious deep issues with drinking and last night I made the biggest mistake of my life … I can’t say how sorry I am.”
Mr Elliott told the court the incident resulted in a breakdown in their relationship and while they were neither “friend” nor “foe” they merely “coexisted”.
He also denied he was lying to protect his former teammate.
“I’m quite embarrassed about the whole thing that I’ve been involved in,” Mr Elliott said.
“I think I’ve come out of this looking worse than everyone. I’m not doing anyone any favours.”
The court heard on Thursday morning that Ms Childerhouse was pregnant and had provided a doctor’s note to the court saying she was unfit to give evidence until October 31.
Hours later, the court was told that Ms Childerhouse’s mother had arrived at Sutherland Court House and told police that Ms Childerhouse did not want to relive the “trauma” and was worried about the stress of having to give evidence, having already twice been in the witness box.
Ms Childerhouse was in the middle of cross-examination when she refused to show up to court on Thursday.
The prosecution conceded there was no guarantee that she would show up to court if the hearing – which has already dragged on for nearly nine months – was further pushed back.
“I’ve not heard any information which provides me with any confidence that Ms Childerhouse is likely to attend if granted an adjournment,” magistrate Melissa Humphreys said.
“It would appear Ms Childerhouse no longer wishes to participate in the proceedings.”
Police had attempted to contact her by phone and email and knocked on her door on Thursday; however, she did not respond, the court was told.
Ms Childerhouse has previously given part of her evidence in closed court.
And defence barrister James Trevallion successfully applied for all of her testimony to be struck out because he had not been able to cross-examine her on key issues.
Mr Lichaa has pleaded not guilty to common assault and stalking/intimidate causing fear of physical harm.
He pleaded guilty to the less serious charge of destroying property.
Earlier, Ms Humphreys ruled that a statement given by Ms Childerhouse, in which she retracted the allegations, would be admitted into evidence.
The police prosecution has asked Ms Humphreys to rule it inadmissable after Ms Childerhouse claimed that she was pressured into making it by Mr Lichaa, his parents and solicitor.
However, Ms Humphreys said she could make no finding of impropriety and said it would be included.
The hearing continues on Friday.
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