In 2020, our client was walking down a footpath when he was stopped by two officers from the New South Wales Police Force. Within seconds, our client was pushed to the chest, causing him to fall onto a large rock. He was informed that he was under arrest for offensive behavior, because of an allegation that he had just banged his hands on the bonnet of a passing car moments earlier.
Our client was handcuffed, had his face pushed down onto the rock, and at one stage an officer placed their hands around his neck to restrain him. Our client was then searched, placed into a caged truck and taken to the police station where he was refused bail by police. He was granted bail at Court the next day.
Our client was charged with the following offences:
Our client pleaded not guilty to each of the charges. On 27 November 2020, our client attended the Sutherland Local Court for the defended hearing, represented by his local lawyers. At Court, the Magistrate dismissed all of the charges against our client.
In May 2023, our client instructed Hanna Legal to commence civil proceedings against the State of New South Wales (NSW Police Force). We filed a statement of claim in the New South Wales District Court alleging, amongst other things, that the NSW Police Officers had assaulted, falsely imprisoned and then maliciously prosecuted our client. Because of this, our client was seeking damages for the shock, hurt, pain, humiliation, distress and embarrassment that the officer’s actions caused him.
The State of NSW initially denied the allegations against the police officers and filed a defence to our client’s statement of claim. The matter was set down for a four day hearing, to determine whether the New South Wales Police were liable to pay our client compensation.
Prior to the hearing, our lawyers engaged in lengthy negotiations with the State of NSW to try and settle the case without the need for a trial. The negotiations were successful and the State of NSW agreed to pay our client a total of $115,0000.
