RR Phantom
Location : Wasted Space
Job/hobbies : Cayman Islands Actuary
 |  Subject: OZschwitz gulag: Compensation for lawyer after a malicious wrongful arrest  Tue Oct 06, 2009 3:47 am | |
| A LAWYER has won $40,000 in compensation after NSW police wrongfully arrested her and then falsified official documents, alleging she had committed a terrorist act.
Andrea Turner, 57, was arrested on December 30 last year when a senior constable mistakenly believed Ms Turner had taken a photograph of her conducting a routine patrol of a train with a junior colleague.
Ms Turner, a practising criminal lawyer, had been on her way to a bushwalk in the Royal National Park.
None of the police officers involved has been reprimanded over the incident and there has been no internal investigation.
''Don't take my photo. If you take my photo I will put you on your arse so fast it will not be funny,'' the junior officer had said.
The other told Ms Turner: ''You're obviously a bloke.''
Ms Turner was asked for identification and when she refused, was told to get off the train at the next station or be ''dragged off''.
The senior constable told her she was being arrested for taking a photograph of an officer in the execution of her duty.
Ms Turner denied taking a photograph and pointed out it was not an offence to do so. As was her legal right, she again declined to provide identification.
She was then detained for 30 minutes in front of a crowd of onlookers at Kogarah station.
Ms Turner successfully sued the state of NSW for wrongful arrest and false imprisonment in the District Court, telling 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'?''
The state had admitted liability for the incident, but did not accept it should pay aggravated or exemplary damages.
Awarding Ms Turner $20,000 in aggravated and exemplary damages, Judge Anthony Garling found she had displayed no signs of aggression during her arrest and there was no suggestion that the officers had needed to use force.
Yet three police officers were called in as back-up before she was escorted off the platform. Another five - including two detectives - also arrived on the scene.
Despite several phone calls to their superiors, none of them knew which offence, if any, Ms Turner had committed.
''It was an unjust arrest, it was a wrong arrest,'' Judge Garling said.
Without explanation, Ms Turner was freed without charge.
But what happened next was even more serious, with Ms Turner falsely accused of a ''terrorist act'', Judge Garling found.
Police had decided not to pursue the matter or formally record the incident in the police COPS system. But later the same day Ms Turner called the police station to complain about her treatment.
''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 Garling said.
The senior constable had written in the falsified COPS entry: ''It should be noted that at the time of dealing with the person of interest police were unaware of the exact offence. It is an offence to take photos on railway property under the new terrorism laws.''
The judge said: ''This lady was sitting on a train going for a bushwalk when the police mistakenly did what they did. In no way could [it] be suggested that it related to terrorism.'' He criticised the police force for not removing or amending the falsified COPS entry or apologising to Ms Turner.
In a statement NSW Police said it would treat the judge's comments seriously. ''The matter will be investigated and any issues identified as a result of that investigation will be addressed.''
LNK
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