Suing the police
As the government and the Ombudsman's office have poor control over the police, one way of curbing unlawful police behaviour is to sue them for large amounts of money. Pictured is Paddy Gibson, being wrongfully arrested during the APEC protests in Sydney in 2007. Gibson sued the police for wrongful arrest. The police agreed an out-of-court settlement with the police admitting liability but insisting on a "confidentiality clause" in relation to the amount of money paid. One newspaper quoted Gibson as being "surprised and very happy" with the result. Gibson put some of the money to campaigning work in the Northern Territory and Melbourne.
In addition to suing the police, any money won in damages can be used to further activist causes. The publicity surrounding such actions can also be used to focus on campaign actions and greater media attention.
Suing the police will normally be successful if there has been substantial injury, where the police are eager to avoid bad publicity (as with APEC) and where there is good evidence. This is a tricky area of law and you need to speak to a lawyer experienced in this area. It may be useful to contact an organisation like the Public Interest Law Clearing House.
Further reading
Sydney lawyer wins compensation for unjust arrest, Lawyers Weekly, October 2009 (see text in full at end of webpage)
Habib set for compo after police violence by Nicola Berkovic The Australian 21 August 2009 [no apprent web link. The article explained, in part, that "Mamdouh Habib is in line to receive up to $50,000 in compensation after a tribunal ruled the former Guantanamo Bay detainee was pepper-sprayed and falsely imprisoned by NSW police after witnessing a double killing in Sydney's South West. The NSW Victims' Tribunal, whose rulings are not made public, said police had used excessive force on Mr Habib and produced a biased report of the incident, which appeared calculated to denigrate his character."
Policed sued for defamation: questioning in the street sparks legal action by Susannah Moran The Australian 27 May 2009.
Allan Hathaway, who was awarded $300,000 in April 2009.
A leading law firm in London coordinated complaints in preparation to suing the police for behaviour during the G20 protests in London in April 2009.
Lawyer wins $145,000 for ‘spiteful’ arrest by Natasha Wallace Sydney Morning Herald 25 October 2005.
Police censured for violent arrests by Michael Pelly The Australian 26 December 2005.
Police outstayed welcome: court by Tim Dick Sydney Morning Herald 13 June 2008.
Activist Padraic 'Paddy' Gibson lands payout after APEC arrest by Edmund Tadros The Australian 9 March 2009.
http://www.channel4.com/news/articles/uk/kent%20police%20admit%20aposunlawfulapos%20protest%20policy/3520162
http://au.news.yahoo.com/a/-/australian-news/7447970/state-cop-ordered-to-pay-assault-victims-court-costs/ with a copy of the court judgment at http://www.austlii.edu.au/au/cases/vic/VSCA/2010/148.html
Posted Oct 05 2009, 08:18 PM by Lawyers Weekly
A practising criminal lawyer has been awarded $40,000 in compensation after NSW Police officers wrongfully arrested her and falsified official documents last December.
Andrea Turner was on her way to a bushwalk in the Royal National Park when she was arrested for allegedly taking a photograph of an officer in the execution of her duty.
Police documents later alleged Turner had committed a terrorist act.
A senior constable mistakenly accused Turner of taking her photograph while she was patrolling a train with another colleague, reported The Sydney Morning Herald.
"Don't take my photo. If you take my photo I will put you on your *** so fast it will not be funny," the junior officer said.
The other told Ms Turner: "You're obviously a bloke".
Turner was asked for identification but when she refused was told to get off the train at the next station or be "dragged off".
She then spent 30 minutes at Kogarah train station being detained in front of a crowd on onlookers. Three police officers were called for backup and another five officers, including two detectives, also arrived, before Turner was escorted from the platform.
Officers could not give details of what offence Turner had committed, despite several phone calls to superiors, and without explanation she was released.
Turner, who was awarded the amount for aggravated and exemplary damages, told the Herald: "How could I have backed down when I tell my own clients, 'That is thuggery, that is unlawful behaviour and you can't let them get away with it'?"
Turner later called the station to make a complaint and the senior constable falsified records stating that at the time police were unaware of the exact offence but that "It is an offence to take photos on railway property under the new terrorism laws."
"The police officer then decided to lessen whatever complaint could be made against her by falsifying a public record, that is, by alleging that the plaintiff committed an offence which is related to railway property, not to photographing the police officer," Judge Anthony Garling found in the proceedings.
No officers have been reprimanded over the incident, but NSW Police said an investigation would now be conducted.
Source: http://www.lawyersw eekly.com. au/blogs/ top_stories/ archive/2009/ 10/05/sydney- lawyer-wins- compensation- for-unjust- arrest.aspx
