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Criminal Defence & Civil Action

Case Study: Aboriginal Man Sues Police for Malicious Prosecution

Sues Police for Malicious Prosecution: In 2020, Tim*, an Aboriginal man, faced a life-altering ordeal. Police arrested him at his home, accusing him of serious offences. NSW officers detained him and kept him in custody, claiming he robbed a man. Tim adamantly denied these allegations.

Despite his innocence, he endured nearly multiple months in custody. As a result, Tim sued the police for malicious prosecution.

Read our similar case study on police malicious prosecution: Our client, Bill Spedding, had a long battle against the police to try prove his innocence.

Aboriginal man sues police for malicious prosecution

Tim’s prosecution relied heavily on statements and CCTV evidence. However, the authorities withheld critical exculpatory evidence. For example, police obtained phone records proving the ‘alleged stolen mobile phone’ was in fact still being used in another state in Australia. Furthermore, CCTV footage from multiple locations contradicted the alleged victim’s story. Despite these facts, the prosecution pressed on against our client.

Sues Police for Malicious Prosecution

Our Civil Solicitors helped Tim seek justice

Our legal team worked tirelessly. We issued subpoenas and uncovered the withheld evidence. This demonstrated that the prosecution violated its duty by failing to disclose this material.

Finally, in 2021*, the charges against Tim were withdrawn. The court acknowledged the lack of evidence and the unjust treatment Tim endured.

Malicious Prosecution

This malicious prosecution caused Tim immense harm. He lost his freedom and suffered significant mental distress. However, his determination to seek justice prevailed.

He pursued a civil claim against the State for false imprisonment and malicious prosecution. With our representation, the matter was resolved successfully, providing Tim with financial compensation and a sense of closure.

Sues police for malicious prosecution

Tim’s case highlights the importance of accountability in the justice system. It also demonstrates the resilience required to fight against systemic failures. His story inspires others to stand up for their rights and demand justice.

*We changed details to protect our client’s privacy. 

Civil Lawyer: Suing police

If you or someone you know needs to sue the police, get in touch with our civil lawyers today. Please call (02) 9261 4281, or email .

Not convinced we can help? Read our other Civil Case Studies.

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