GA – Successful outcome for client charged with public order offence

Facts: remaining on inclosed land without lawful excuse and resisting officer in execution of their duty

GA was charged with remaining on inclosed land without lawful excuse and resisting officer in execution of their duty.

GA attended a WestConnex construction site in Newtown, in Sydney’s inner west, in October 2016 to protest the 16.8 billion dollar urban motorway project. GA was sitting on the ground with a group of protesters, when fencing was erected around them and a temporary construction zone was established. A Roads and Maritime Services (RMS) authorised representative entered the area and asked protestors to leave.

A police inspector informed the protesters they would be committing an offence for remaining on inclosed land if they did not leave the area. GA remained inside the restricted area and riot police suddenly appeared. The riot police grabbed GA and she was placed under arrest. GA was escorted away and forcibly pushed into the back of a police van.

Outcome: Unlawful arrest with civil claim against police pending

O’Brien Criminal and Civil Solicitors successfully represented GA at Downing Centre Local Court in Sydney’s CBD to take judgement for a costs application, with respects to GA’s resist arrest charge. We successfully made oral submissions and were granted the costs application to a quantum of only 1/3 of GA’s total costs.

Furthermore, it was found that the arrest was unlawful, and the relevant officers did not comply with s 202 of the Law Enforcement Powers and Responsibilities Act 2002 (NSW). This will put GA in a great position for a civil claim against police and we look forward to proceeding with this.

Contact O’Brien Criminal and Civil Solicitors on (02) 9261 4281 to set up a free appointment with the defence lawyers in our Sydney office, 24 hour phone / text: 0421 373 961

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