Connor* was having drinks at the pub with some friends. There was a disagreement between his group of friends and other patrons. While this was happening, police were conducting patrols of the bar for unrelated reasons.
Police tried to remove Connor from the premises by shoving him downstairs and jerking his neck back and forth.
Once outside the pub, one police officer hit Connor in the face, then pushed him to the ground and handcuffed him for resisting arrest. After being subjected to a pat down search, Connor was eventually released to his friends without being charged.
O’Brien Criminal and Civil Solicitors acted for Connor in a civil claim against the State of NSW for assault, battery, and false imprisonment. We claimed the police officers did not have reasonable grounds to suspect that Connor had committed or was committing an offence and used more force than necessary in arresting him.
These actions were done in contravention of:
- section 99 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW);
- section 99(1)(b) of LEPRA;
- section 77(5) of the Liquor Act 2007 (NSW);
- section 230 of LEPRA;
- section 231 of LEPRA.
Outcome:
We were able to successfully settle his matter before going to court, with the client receiving appropriate monetary compensation and his legal costs covered.
*Names have been changed to protect the identity of our clients
