The case for the alleged Aggrevated Assault is likely to fall over without the support of the alleged victim. The Police have even admitted as much.
In the case of the new charges the police have laid both because IMO they don't see the the more serious charge of False Accusation, being successfull.
The accusation, one would think, would need to be that someone else committed a crime. Therefore attempting to cover up involvement in a serious offence. If the case of aggrevated Assault is unsuccessful, there is no crime to base the charge of False Accusation against. Even discounting all that completely, when you consider the Police own reported information provided to Sutherland Court, as follows;
Police alleged that Bird had initially claimed his flatmate, golfer Brent Watson, was to blame for the assault on Milligan.
Bird had called Watson soon after the incident and allegedly said: "Something has happened to Katie. It was an accident.
"There is blood everywhere in the unit. We have told police it's you. How do you feel about that?"
Clearly by the information provided Bird has suugested an Accident took place and asked his mate to take the wrap. It doesnt make much sense if it was an accident, but thats all the Police have, a statement from Bird on a text message that it was an accident.
It may be a false accusation if Bird went to the Police and told them Watson was the person that committed a serious offence, however there is no evidence so far that suggests he made such a statement.
The most likely successful charge would be Public Mischief under sub section 2. Which covers making a false claim to any other person about an incident that leads to a Police investigation. Bird certainly cannot fight that, I would think, given that I understand he made comments to the Hospital Staff that an accident took place and his mate was involved and his comments to the Cronnulla club that visitors were staying at his apartment and an incident took place, however he was not present.
This would be heard in the Local Court and the most likely outcome would be a fine. If a magistrate imposed a gaol term, Bird would appeal to the District Court, who love to overturn magistrates sentencing and change them to Good Behaviour bonds.
I have seen much worse crimes get Good behaviour bonds so don't kid yourself that a fine is the most likely outcome.
Bird still has the earlier matter to deal with as well.