In a pivotal case handled by the District Court of NSW, Trisha*, sought justice against the State of New South Wales. The dispute arose from an unsettling encounter with NSW Police officers at Westfield in Eastgardens, Sydney.* It involved allegations of false imprisonment, assault and battery, and malicious prosecution. Before the unlawful arrest, our client had also recently undergone breast augmentation surgery.
What happened?
Trisha’s distressing experience began when NSW police inappropriately stopped and searched her in an alcohol-free zone. Yet, no illicit substances were found.
However, the situation worsened when an officer mishandled an open alcoholic beverage. This mishandling led to Trisha’s painful unlawful arrest, which aggravated her recent surgical wounds.
Unlawful arrest
On the evening of the arrest, Trisha and a friend faced unjust accusations by the officers. The officers suspected the pair were doing something illegal. Therefore, this situation triggered an unwarranted search. Despite finding no contraband, the situation escalated.
Trisha was wrongly arrested after a misunderstanding involving her drink. Furthermore, this arrest involved excessive force, further injuring her and ignoring her medical condition.
This episode, captured on body-worn cameras, showcased a blatant misuse of police authority. Subsequently, the legal proceedings revealed that the charges of assaulting an officer against Trisha were unfounded. Eventually, these charges were dismissed. This also highlighted serious flaws in the legal process used to shield police missteps.
Case Outcomes
The court recognized the severity of the police misconduct and awarded Trisha compensation for her physical and psychological suffering. Additionally, the judgment served as a stern rebuke to the NSW Police. It also stressed the necessity for changes in police practices and greater accountability. This is especially important regarding the treatment of individuals in vulnerable states.
Need to sue the police?
If you or someone you know has endured similar injustices at the hands of law enforcement, advocating for your rights is critical. O’Brien Criminal & Civil Solicitors are committed to defending civil liberties and ensuring justice is achieved. We have years of experience handing different cases on unlawful arrest.
We received a successful outcome for our client. And we can also do the same for you if you want to sue the police. Speak to our civil lawyers in Sydney today.
*Names have been changed for client confidentiality.
