Michael Lichaa’s former fiancee signed a statutory declaration rescinding assault allegations only to later disavow the statement and stand by the claims, a court has been told.
The former Cronulla and Canterbury hooker on Thursday fronted Sutherland Local Court where he is fighting allegations that he assaulted his ex-partner Kara Childerhouse during a late-night incident last year.
Police have alleged that Mr Lichaa was involved in a heated dispute that prompted concerned neighbours to call police to his Connells Point home in southern Sydney on the morning of February 14, 2021.
The court has been told that the incident occurred after Mr Lichaa caught Ms Childerhouse cheating on him with his best mate and former teammate Adam Elliott.
Mr Lichaa walked in on Ms Childerhouse performing oral sex on Mr Elliott, the court was told on Thursday.
Ms Childerhouse claimed that during the incident, Mr Lichaa pushed her, causing her to hit her head against a wall, the court was told.
He 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.
Ms Childerhouse gave her evidence in closed court over two sittings of the hearing – in November and on Thursday.
Magistrate Melissa Humphreys was told that Ms Childerhouse had signed a statutory declaration stating that Mr Lichaa had not assaulted her and she did not want an AVO taken out on her behalf.
However, she has now gone back on the statement and says she was assaulted, the court was told.
The statement is the subject of a voir dire – a legal argument over whether a piece of evidence should be excluded during the hearing.
Ms Childerhouse’s mother, Robyn Childerhouse, was called by the prosecution as part of their attempt to have the statutory declaration excluded.
“I believe it said that Michael didn’t assault her, that it didn’t happen that night and she wanted to drop the charges and have the AVO taken away,” Robyn Childerhouse told the court of her understanding of the statement.
She also said that at the time Mr Lichaa was “pressurxjmtzywing” her daughter to drop the AVO because he wanted to see her.
Robyn Childerhouse told the court that at the time Mr Lichaa threatened self-harm and her daughter was worried what would happen if she didn’t give him his wish.
“She was scared of what was to come if she didn’t do what he was asking her to do … He told her that he would kill himself,” Robyn Childerhouse said.
However, Mr Lichaa’s barrister James Trevallion pointed to police body-worn camera footage from the night of the incident that captured Robyn Childerhouse having a conversation with her daughter.
Mr Trevallion told the court that Ms Childerhouse had said: “Mum, nothing’s happened, I don’t want to talk about it.”
He also questioned why she had not called police or emergency services if she had taken Mr Lichaa’s alleged threats to self-harm seriously.
Police have alleged that Mr Lichaa threatened his then partner after he woke to find her with Mr Elliott following a party at their home.
The two footballers then allegedly had a fiery verbal confrontation.
A family friend, Emmas Marroun, said Ms Childerhouse came to her home about two days following the incident during which she denied having been assaulted.
Ms Marroun said Ms Childerhouse made admissions to performing oral sex on Mr Elliott before being caught in the act by Mr Lichaa.
She told the court that she had pressed Ms Childerhouse, asking her: “Did he actually assault you?”
She said Ms Childerhouse replied: “No, I swear, I promise he didn’t. He smashed the window … I just want to fix everything. I can’t believe this has happened.”
Ms Marroun said she put Ms Childerhouse on the phone to Mr Lichaa’s solicitor and she agreed to sign a statutory declaration rescinding the assault allegations.
Police found Mr Lichaa with deep cuts to his arms and he was taken to hospital under police guard before being transported back to Kogarah Police Station for questioning.
The court was previously played tapes of the triple-0 calls made by concerned neighbours.
One woman who rang the police reported that she could “hear a man yelling at a woman” and the person was saying he would “f***ing kill her”.
The hearing continues.
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