ALL charges against a Bathurst real estate agent accused of intimidation and larceny have been withdrawn by NSW Police.
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Mr Whittaker, 48, of Kelso, had been charged with four counts of stalking, harassment and intimidation causing fear of physical harm and four counts of larceny.
He indicated from the outset that he would be defending the allegations, maintaining a not guilty plea throughout proceedings.
On Wednesday, police prosecutor Sergeant Darren Pearce told Bathurst Local Court that police were withdrawing all eight charges.
Mr Whittaker's solicitor, Shane Cunningham, told the court he had been instructed to make an application for costs on the matter.
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Mr Cunningham said the proceedings had been withdrawn by police on police application, not an application by Mr Whittaker.
He said while it was obvious Mr Whitaker, the owner of Bathurst Real Estate, welcomed the withdrawal of the charges, no explanation for this had been forthcoming.
Given the devastating impact the accusations had had on Mr Whittaker and his integrity, Mr Cunningham said Mr Whittaker was hoping for an explanation.
As part of the cost application, Mr Cunningham submitted the police investigation was "conducted unreasonably or not conducted properly".
The court heard Sergeant Paul McCann had not interviewed three key witnesses in the matter until after Mr Whittaker's first court appearance, where he entered a plea of not guilty.
Mr Cunningham said statements taken from those witnesses cleared his client.
Mr Cunningham also submitted the investigation was conducted improperly.
He said it appeared one complainant, Jay Cleary, contacted Sgt McCann twice about the matter when he was not at work, due to a prior business relationship.
Mr Cunningham also mentioned file notes from Mr Whittaker's business which indicated there was an acrimonious relationship between Sgt McCann and Mr Whittaker.
As such, he said his was his submission that it was improper or inappropriate for Sgt McCann to conduct the investigation.
Mr Cunningham also said as a result of local print media coverage of the proceedings, his client had been subject to a social media campaign against him, all of which could form a basis for exceptional circumstances.
The matter will be back before the Local Court on April 15 for cost arguments.
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