January 7, 2019

MD v State of NSW: Claim for Misfeasance in Public Office against Police Officer and Malicious Prosecution

Malicious Prosecution; Misfeasance in Public Office; Behave in an offensive manner in/near a public place/school, Section 4(1) Summary Offences Act 1988 (NSW); Future Court Attendance Notice; Letter to Employer.

Facts:

MD’s sister-in-law had a disagreement with the wife of a police officer. MD saw the police officer harassing her nephews and approaching her nephew’s face. MD was told she would receive a court attendance notice for offensive behaviour. This she received in the mail. The police officer also sent a letter to MD’s employer falsely claimed she was behaving offensively in public.

Outcome:

O’Brien Criminal and Civil Solicitors represented MD in a claim against the police for misfeasance in public office and malicious prosecution. The police settled with MD.

If you have been involved in a matter of misfeasance or malicious prosecution, contact us today on (02) 9261 4281 or send us an email at .