Our client, Cherish Kuehlmann, won a landmark case against NSW police after they arrested her at home in the middle of the night.
Our client, Cherish Kuehlmann, is a young activist. She achieved a significant legal victory against the NSW Police. Her case highlights the issues of police misconduct and the importance of holding authorities accountable.
Cherish Kuehlmann v. State of New South Wales
Cherish Kuehlmann, a 23-year-old student at the University of New South Wales, participated in a protest on February 17, 2023. The protest, held at the Commonwealth Bank in Martin Place, Sydney, involved a group of about 30 students.
They were protesting against excessive bank profits. After approximately five minutes, the protesters moved towards the Reserve Bank of Australia in Martin Place. They continued chanting outside the doors of the bank but Cherish was stopped by security from entering the bank foyer.
Unlawful NSW police conduct at protest
Later, an Inspector approached Cherish and another protester outside the NSW Parliament House. The inspector, while wearing a body camera, informed them that they had committed the offence of trespassing on Commonwealth property. Cherish provided her personal details, including her name and address, when asked by Inspector Johnson.
Police Arrest Cherish Kuehlmann
Cherish went home that evening and later went to bed. However, that night, at approximately 12:30 AM, she had a surprise visit.
Police officers arrived at Cherish’s home. They arrested her for the alleged offence of entering enclosed lands. Yet, this was a fine-only offence. Then, the officers searched Cherish, took her into custody, and transported her to Surry Hills Police Station. After several hours in custody, Cherish was released on conditional bail. Bail included strict conditions preventing her from entering within two kilometres of Sydney Town Hall.
Legal Representation
Recognizing the severity of the police’s actions, she decided to sue the police. She filed claims for false imprisonment, assault and battery, trespass to goods, and malicious prosecution.
Cherish’s legal team, led by O’Brien Criminal and Civil Solicitors, initiated a lawsuit against the State of New South Wales. The lawsuit highlighted that Cherish was arrested, searched, and detained without reasonable grounds. Furthermore, it noted that the prosecution lacked probable cause and was motivated by malice due to her involvement in the protest. Also, the officer’s conduct during the arrest was unnecessarily aggressive. The court also heard how the police’s actions violated several legal and procedural standards.
Cherish Kuehlmann Sues NSW police
Cherish’s lawsuit emphasized the distress, humiliation, and loss of dignity she experienced due to her wrongful arrest and prosecution. Her case highlighted significant issues regarding the overreach and improper conduct of law enforcement, particularly in response to her peaceful protest activities.
Cherish’s victory not only vindicated her rights but also sent a powerful message against police misconduct. This case serves as a reminder of the need to hold law enforcement accountable for their actions.
Need to sue the police?
If you have experienced similar issues, seek advice from our experienced team. Email or call O’Brien Criminal and Civil Solicitors on (02) 9261 4281. In some cases, we can set up a free appointment* for you with our civil lawyers in our Sydney office.
* In this Case Study, our client gave us permission to share their real name. We do not share any personal details unless our clients give us permission.
