A prominent Sydney barrister, who has represented major media organisations, has successfully appealed a finding that he assaulted his ex-partner.
Mark Polden, 60, had pleaded guilty in Katoomba Local Court, west of Sydney, to one count of assault against Anni Gethin.
The court heard Mr Polden pushed Ms Gethin to the ground during an argument in August 2015 and tried to take her phone to stop her calling the police.
In a statement tendered to the court, police alleged Mr Polden slapped Ms Gethin in the face during the argument, squeezed her tightly multiple times and pushed her to the ground and held her there.
"The accused placed one of his hands on the right-hand side of her head holding her down with his body weight," the statement read.
The court heard Ms Gethin reported the assault to police weeks after it happened.
Mr Polden was supported in court by his previous partner of 27 years.
Mr Polden's defence counsel Paul Rowe told the court his client had long suffered depression and had been in withdrawal from medication when the incident took place.
"There was a loss of quite some control over his conduct attributable to the withdrawal," Mr Rowe said.
"This was in every sense a complete and utter aberration in his conduct."
However, an application to have the matter dealt with under the Mental Health Act was refused.
Mr Polden was placed on a 12-month good behaviour bond and given a two-year apprehended violence order. He was given a section 10 dismissal, which meant no conviction was put on his record.
On appeal on 6 May 2016, the District Court accepted that the charge should be dealt with under the Mental Health Act. The judge ordered that the charge be dismissed and Mr Polden was discharged.
*Editor's note (July 31, 2018): This story has been updated to include the dismissal of the assault charge and to remove references to a victim impact statement that had not been presented in court.
