We changed the names, location, and details to protect our client’s identity*
Racial profiling and unlawful arrest
In this case, we represented three clients. Two of whom were of African ethnicity and one was Indian. This case might be considered an example of police stopping people of colour without a lawful reason. Unlawful and unfair arrests are serious. Therefore, if you believe the police intentionally targeted you because of your race, gender, or other factor, you should seek legal advice.
In October 2019, three men visited a bar in Bondi*. On the way to a lively bar, the men paused. Through a cloud of smoke, they saw another group. They appeared to be smoking. Our clients continued to make their way to the venue, minding their own business.
Unfair Stop
A little later that night, police officers approached our clients. Suddenly, the police told our clients to stop randomly. They complied with the order and stopped. However, they asked why the officers stopped them in the first place.
One of our clients, let’s call him Tom*, told the officers that he was also a police officer. Tom reached into his pocket to retrieve his badge. An officer shouted at Tom to stop and grabbed him by his arm. An officer searched his wallet and found the police badge.
Arresting another police officer
The officer asked Tom what command he belonged to. Tom refused to answer. Adding that the officers had unlawfully detained him. Next, the police ordered our clients to form a line. Our clients expressed a view that the police had stopped them because of the colour of their skin.
However, the police explained that they had a call about criminal activity in this area. However, Tom said that the officers still had no reason to hold them. In addition, Tom told our other clients that they should leave. The group began to walk away and the officers told them to stop, again.
Falsely imprisoned after unlawful arrest
At this time, officers falsely imprisoned our clients during this interaction. In addition, they also suffered from a total and unlawful restraint of their liberty. Moreover, police also assaulted the men. Namely, when the officers grabbed Tom’s arm.
However, the group also had another interaction with the officers. Later that night, officers caught up to our clients. The officers asked one of our clients to move their motorbike. He complied with the order. Then, other police officers showed up.
Suing NSW police for unlawful arrest
After, they shouted at him to get off his bike. The police told them all to stand by the wall. The officers searched the group. Police pushed one of clients against a vehicle, causing him to fall over. Furthermore, the police constantly questioned the group. In the end, officers gave the group a move-on order. During this time, police falsely imprisoned our clients.
Later that night, the officers followed our clients after they left the scene. Police arrested one of our clients. The reason? An officer said he failed to comply with a move-on order. As a result, police searched him and seized his possessions. Officers grabbed him and put him in a police van. After, police brought our client to the police station. Therefore, we found that he was unlawfully arrested.
As a result, because of the assaults, batteries, and false imprisonment during their interactions with the police officers, our clients wanted to claim aggravated damages and exemplary damages. The court found in favour of our clients and compensated them fairly.
If you want to sue the police for assault, battery, excessive force or malicious prosecution, contact us today. Call O’Brien Criminal and Civil Solicitors on (02) 9261 4281. We can set up a free appointment with the civil lawyers in our Sydney office.
