*Details such as name, dates, and locations are changed to protect our client’s privacy.
NSW Police Assault Disabled Man
Our client, let’s call him John*, experienced assault, battery, and falsely imprisonment by the NSW police. John was in his late 30s. For the past few years, he suffered with a spinal injury from an accident at work. In 2021, he arrived at Guildford Railway Station.* He was travelling into the city for a doctor’s appointment.
John took a lift up to the overpass. His medical condition meant he could not take the stairs. Two police officers stood on the overpass randomly checking people’s Opal cards. With him, John carried his mobile, a cushion and his documents.
A police officer held out his hand for John to stop.
NSW Police checking Opal cards
John claims he did not see the officer signal him to stop. Therefore, he walked past the officers.
Our client and the police officer had a brief conversation. During the chat, John asked them to follow him as he was afraid of missing his train. The two police followed John. While he was walking, John tried to get his wallet out of his trousers. However, he was also carrying a pillow, his mobile, and documents. John started walking backwards and told the officers that he was rushing to get his train.
Suddenly, an officer activated his Body-Worn Video Camera. John faced forward, struggling to remove his travel card from its plastic sleeve. A police officer grabbed him by the shirt and told John to stop. John asked him not to touch him. At the time, he held his travel card in plain sight.
After, he dropped his card and bent down to get it. In response, the two police officers grabbed him in multiple places. Then, one officer took a pepper spray and sprayed John in the face.
Disabled man assaulted in NSW by police
During the altercation, John’s clothes were pulled, he was pushed up against a wall, and they grabbed his neck. In addition, he was shoved to the ground. While he lay on the ground, they sprayed pepper spray in his face. John informed the police that he had a serious medical condition. He attempted to get up but was held down so he remained on the ground.
One police officer drew his taser and put his arm around John’s neck, pushing him back. They then fired their taser into John’s torso. One of the policemen then tackled him to the ground and John hit his head and back. He yelled out in pain. As the police pushed John’s arms behind his back, John shouted that he was disabled. While the police arrested him, one of the officer’s knees knelt on his back.
An ambulance was called. The police told him that he was under arrest for resisting police and assaulting police.
Disabled man goes to hospital after NSW police assault
Paramedics stated their concern. As a result, John was sent to hospital. Police instructed John to sit. He replied saying he could not because of his spinal issues. The officers pushed him down, forcing him to sit. John again reiterated that he has serious medical issues. The police tried to legsweep him. They also looked through his wallet.
They told him that he was under arrest for a transport offence and for not producing a ticket. Upon checking his travel card’s balance, they confirmed that he did have credit on his card.
During this time, John didn’t get anything to drink or first aid. Police then searched him in view of the public. Officers also searched his mobile, documents, and pillow.
John went to the hospital via ambulance. He arrived at the hospital still in the custody of the police.
NSW police assault involves use of taser
A Chief Inspector made a report on the use of a taser. When asked if the use of a taser justified, the inspector said no.
After his discharge from the hospital, the police served John with a Field Court Attendance Notice. The police created a Court Attendance Notice naming John as a defendant for the following offences:
- “Fail to make ticket available for inspection”
- “Resist Police” in the execution of an officers duty,
- “Assault Police” in the execution of an officers duty.
Dismissed of all charges
However, later that year a Magistrate dismissed John of all charges pursuant to section 32(3)(a) Mental Health (Forensic Provisions) Act 1990(NSW).
John suffered a lot from this incident. We found that he suffered false imprisonment. Further, he suffered a total restraint of liberty, which was not lawful. This happened from the moment the police grabbed him until the moment they served him a Field Court Attendance Notice.
Police lack of reasonable grounds in arrest
In addition, the police did not have reasonable grounds to suspect he committed any offence when they arrested John.
Furthermore, the police did not tell John the reason for the exercise of their purported power. This would have given him a direction to stop and show his ticket immediately.
Moreover, John did not assault the police or resist them. Therefore, his arrest and detention were unlawful. As a result, our client was assaulted and battered.
For example, the use of physical force, taser, pepper spray, and handcuffs constituted battery. Furthermore, there was also no reason for the police to search his wallet, phone, pillow and documents. Not only did John suffer pain and discomfort, he also suffered mental anguish, stress, and embarrassment.
As a result, John came to us for help. He claimed damages for assault, battery, trespass to goods, and false imprisonment. We sued over this NSW police assault.
The court found in favour of our client and the State of NSW compensated him fairly.
If you or someone you know experienced assault or unlawful arrest by the police, please get in touch, Our lawyers have years of experience dealing with these types of cases. Get in touch today so we can provide you with the help, resources, support you need to make a claim. Call any time on 02 9261 4281.
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