Suing NSW Police For Excessive Force: In January 2025, Samantha was at her home in Jannali when officers from the New South Wales Police Force attended in response to a reported noise complaint.
Ms Testalamuta maintains that she was complying with applicable counsel regulation surrounding excessive and/or offensive noise and questioned the basis for police intervention. What began as a routine police attendance escalated into an incident that is the subject of ongoing civil proceedings alleging the use of excessive force and unlawful conduct by police officers.
It is alleged that two NSW Police officers forcibly entered Ms Testalamuta’s home and physically removed her from the premises. Ms Testalamuta was allegedly restrained on the ground, struck multiple times, threatened with the use of a taser, and handcuffed before being arrested. The use of the taser subsequently became the subject of a complaint, which was ultimately finalised without disciplinary action being taken against the relevant NSWPF officer. The incident occurred in the presence of neighbours and was recorded on mobile phone footage, CCTV, and police body-worn camera footage.
Following her arrest, Ms Testalamuta was transported to Sutherland Police Station, where she remained in custody for several hours. She was subsequently released without charge after approximately four hours.
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Civil Proceedings Against The NSW Police Force
Ms Testalamuta is a proud Wiradjuri woman originally from Condobolin. At the time of the incident, she was a single mother caring for her 11-year-old daughter, Matilda. She also has a prior diagnosis of significant mental health conditions.
A central issue in the proceedings concerns the purpose of the police attendance and the manner in which police powers were exercised in response to the incident.
Police attended Ms Testalamuta’s residence purportedly to issue a noise abatement direction under the Protection of the Environment Operations Act 1997 (NSW). A noise abatement direction is ordinarily a verbal direction requiring a person to cease or reduce offensive noise and, in most circumstances, provides an opportunity for voluntary compliance.
The proceedings raise questions about the lawfulness and proportionality of the police response, including whether enforcement action involving physical force was justified in circumstances.
Why This Case Matters: Excessive Force
This matter raises broader issues concerning police accountability and the use of force in routine community interactions, particularly in contexts involving First Nations people.
The case engages fundamental questions about the limits of statutory police powers, the requirement for proportionality in the use of force, and the adequacy of legal safeguards designed to protect civil liberties during police enforcement activity.
The allegations remain untested before the Court and are denied by the State of New South Wales.
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Peter O'Brien is the Principal Solicitor of O'Brien Criminal & Civil Solicitors and Australia's leading expert in intentional torts litigation, with over 25 years of experience securing landmark victories in malicious prosecution and unlawful imprisonment cases. Author of Intentional Tort Litigation in Australia and recipient of the Law Council of Australia President's Medal, Peter has achieved record-breaking compensation for clients and is widely recognised for his unwavering commitment to access to justice.
