Unlawful Assault: A NSW Police officer grabbed our client, a handcuffed Aboriginal man, by the neck, forced him face-first to the ground, then turned off his colleague’s body-worn camera to make sure no one could see what had just happened.
The officer then wrote a false police report claiming our client had been yelling and resisting, and that the camera had switched off due to rain. This is a case about an unlawful police assault and excessive force in NSW, and how a guilty plea to common assault and making a false statement to pervert the course of justice ultimately unravelled the lie.
Our civil lawyers at O’Brien Criminal and Civil Solicitors acted for our client in his claim against the police. On behalf of our client, we brought a civil claim against the State of New South Wales for assault, battery, false imprisonment, and misfeasance in a public office. The matter was settled.
Background To The Unlawful Police Assault
Our client was a young Aboriginal man living in a coastal community in regional New South Wales.
One evening, he was driving with two friends when police officers began following their vehicle. After police activated their warning lights, his car became bogged on a dirt road. He briefly ran from the vehicle, but stopped within moments when he saw his two friends had already been detained by one of the officers.
He turned around and walked back voluntarily.
An arresting constable approached, tackled him to the ground, and handcuffed him behind his back. Our client was compliant and was being escorted to the police vehicle when a senior constable intervened.
The senior constable grabbed our client around the neck with both hands, forced him face-first to the ground, and restrained him using his full body weight. Our client was already handcuffed, and he was not resisting.
Our client was later charged with driving while unlicensed and possession of a prohibited drug. He was granted conditional bail that same evening.
The Cover-Up: False Police Records
At the police station that night, the senior constable reviewed the body-worn camera (BWC) footage. He then created a false narrative in both the police Facts Sheet and the COPS Event Report, fabricating a justification for the force he had used.
The false account claimed our client had been yelling and resisting. It stated he had turned aggressively toward the arresting constable, causing the senior constable to fear an assault and “leg sweep” him to the ground. It also claimed the body-worn camera had turned itself off, possibly due to rain.
None of this was true.
The body-worn camera had been turned off deliberately. The senior constable had reached over and pressed the button himself, moments after becoming aware that the camera was recording. The police officer became concerned that the camera had captured his use of excessive force against the Plaintiff and his attempts to conceal and obscure the Plaintiff’s unlawful treatment during the arrest.
The creation of false police records to conceal an unlawful assault is not only a civil wrong, it’s a criminal offence.
Court Case For Suing Police For Assault And Misconduct In NSW
The senior constable was charged with multiple serious criminal offences, including tampering with evidence, perverting the course of justice, property damage, and common assault.
Several charges were later withdrawn. The senior constable pleaded guilty to two charges:
- Making a false and misleading statement in the police Facts Sheet with intent to pervert the course of justice.
- Common assault against our client.
Last year, both charges were dismissed at a Local Court pursuant to section 14(1)(a) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW). A section 14 dismissal allows a court to deal with a matter without recording a conviction where mental health considerations apply, even where guilty pleas have been entered.
The dismissal of the criminal charges did not end our client’s pursuit of justice. He retained our civil lawyers at O’Brien Criminal and Civil Solicitors to bring a civil claim against the State of New South Wales.
The Impact Of The Unlawful Assault By A Police Officer On Our Client
The impact of this incident on our client was significant and lasting.
He was a young Aboriginal man who had voluntarily returned to face police. Additionally, he was already handcuffed and fully compliant when excessive force was used against him, all of which was in full view of his friends.
He suffered physical pain, humiliation, mental distress, and anguish. Our client also experienced a serious and unlawful interference with his bodily integrity and his liberty.
Beyond the physical force itself, the fabricated police records compounded the harm. He was confronted with an official narrative that misrepresented his conduct and obscured the truth, making it harder for him to seek the legal remedy he was entitled to.
Aboriginal Peoples And Police Use Of Force In NSW
Aboriginal and Torres Strait Islander people are significantly overrepresented in encounters with police across Australia. The Australian Human Rights Commission has long documented serious concerns about the use of excessive force against First Nations people in policing contexts.
Body-worn camera footage exists precisely to ensure accountability. When an officer deliberately deactivates a camera to conceal their own conduct, and then creates a false written record, it strikes at the heart of the system designed to protect the public.
Under sections 230 and 231 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (LEPRA), police officers are only permitted to use force that is reasonably necessary in the circumstances. Restraining a handcuffed, compliant person with full body weight is not reasonably necessary.
If you believe you have been subjected to excessive or unlawful force by NSW Police, contact O’Brien Criminal & Civil Solicitors to discuss your options.
Read our successful Civil Law Case Studies.
The Civil Claim Against NSW Police For Unlawful Assault
O’Brien Criminal and Civil Solicitors filed proceedings in the District Court of New South Wales against the State of New South Wales. The State is vicariously liable for the conduct of its police officers pursuant to sections 6 and 8 of the Law Reform (Vicarious Liability) Act 1983 (NSW).
The civil claim included the following causes of action:
- Assault and Battery: The force used on our client while he was already handcuffed and compliant was excessive and unlawful, contrary to sections 230 and 231 of LEPRA.
- False Imprisonment: Our client was detained from the time of arrest until conditional bail that evening. The arresting constable failed to provide his name, station, and reason for arrest at the time of handcuffing, contrary to section 202 of LEPRA, and the arrest lacked the reasonable grounds required by section 99 of LEPRA.
- Misfeasance In A Public Office: The senior constable acted in the exercise of a public power when he created a deliberately false narrative in the police Facts Sheet and COPS Event Report. That false narrative was designed to conceal an unlawful assault and directly interfered with our client’s ability to seek legal remedy.
- Aggravated and Exemplary Damages: The conduct was gratuitously excessive, occurred in front of witnesses, and involved the deliberate fabrication of official police records, warranting damages beyond compensatory levels to punish the conduct and deter future abuse of public office.
Outcome Of The Civil Claim
The matter was settled by our lawyers on confidential terms. Our client received recognition of the serious wrongs committed against him.
Speak To Our Police Misconduct Lawyers In Sydney: Suing For Unlawful Assault
If you have been subjected to excessive force, an unlawful arrest, or you believe a police officer has created a false record of an incident involving you, you may be entitled to sue NSW Police. Our experienced police misconduct lawyers act for clients across New South Wales.
Contact O’Brien Criminal & Civil Solicitors on (02) 9261 4281 today for a confidential discussion about your rights.
*We always change identifiable details in case studies to protect client privacy.
