NSW Racially Discriminate and Unlawfully Imprison Man at Sporting Event
Security guards at a NSW sports game racially discriminated and falsely imprisoned our client Sam*. The guards believed that he was participating in gambling activities courtside. However, the way they treated him during these accusations was extremely unfair.
NSW sporting body accused of racial discrimination
On 11th February 2023*, Sam attended a game at a popular Sydney sporting ground. At halftime, four security guards approached him. Later on they would accuse Sam of illegally gambling courtside and being part of an Asian gambling syndicate.
A security officer told Sam to come with them. Our client questioned why this was happening. They asked him again and told him he had no choice in the matter. As a result, Sam felt intimidated so complied with their directions.
Suing for assault and battery NSW by racial discrimination lawyer
A security guard placed his hand on Sam’s shoulder and guided him to a room behind the stadium. On the way, guards told him to not use his phone or put his hands in his pockets.
Furthermore, before Sam and the guards entered the room, one of them pointed at a police car. He told Sam that he would end up in the vehicle.
The four security guards and Sam entered the room. After, two more guards plus a NSW police officer also arrived. Our client stated that he did not know why he was there. Additionally, he asked to speak to a lawyer. However, they refused the request.
One guard also said words to the effect of: “Can’t you speak English?” Additionally, they accused Sam of illegally gambling courtside. Furthermore, they accused him being part of an Asian gambling syndicate.
Unlawful search in NSW
They told him to empty his pockets and they searched his phone. However, Sam did not consent to the search. They found nothing.
After, they searched his jacket and hat. The guards accused him of hiding microphones in them. Again, they found nothing. As a result, they let Sam go.
Suing for false imprisonment NSW
This detainment constituted a false imprisonment as Sam had done nothing wrong. The guards also had no lawful basis to believe that he had actually done anything illegal.
False imprisonment exists to protect your right to liberty. Additionally, it protects your freedom of movement and freedom from unlawful and unnecessary detention. For false imprisonment to occur, you do not need to show you actually suffered any loss.
However, to prove someone was falsely imprisoned, you must show:
- The defendant intentionally caused the total restraint of the plaintiff’s liberty and,
- The restraint of liberty is unjustified.
During this incident, Sam believed he couldn’t leave. Therefore, they compromised his freedom of liberty. He thought that if he left, he would be subject to legal sanction and/or physical force.
NSW sporting body tries to escape liability
The sporting body attempted to escape liability. They claimed that they were not responsible for the actions of the security guards. However, we proved that they were.
The guards also had no grounds to hold and question Sam. They claimed they did so due to ‘suspicious behaviour’, but this was not justified.
Furthermore, courtsiding is not illegal in NSW.
They held him back and questioned him for hours. As a result of the false imprisonment, they also assaulted and battered Sam. We found that an assault and battery occurred because the physical contact that Sam suffered does not take place in ordinary occurrence.
What is courtsiding? Courtsiding is instantly converting information about the developments of a sports game in order to obtain an advantage.
NSW sports body sued for discrimination
In addition, our client sought relief for the direct discrimination he experienced. The Racial Discrimination Act 1975 protects individuals against discrimination. Direct discrimination is:
‘When one person is treated in a different manner (in a less favourable sense) from the manner in which another is or would be treated in comparable circumstances on the ground of some unacceptable consideration (e.g. race or sex)’.
Sam claimed they treated him less favourably because of his race. In this case, the security guards accused him of being part of an Asian gambling syndicate. Additionally, a guard also insinuated that Sam could not speak English.
Suing NSW sporting body
On behalf of our client, we found the actions of the guards were misconceived, intrusive, and unwarranted. During the incident they disregarded his rights.
Claiming damages for unlawful arrest by NSW police
As a result, we claimed damages on behalf for Sam for the racial discrimination, false imprisonment, assault, and battery he experienced. O’Brien Solicitors successfully obtained a positive outcome for our client in this case. We can help you too.
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If an organisation or government body unlawfully detained you, contact us today. We can represent you on all criminal charges and help you make a civil claim against those involved if applicable.
Contact 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.
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*We changed the name, details, and some other information to protect our client’s privacy.
