Student Awarded $243,000 After Police Break Leg
Tuesday 28 January 2014 @ 8.36 a.m. | Crime | Torts, Damages & Civil Liability
The NSW Police Force has been ordered to pay arts student Rachel Gardner more than $243,000 in damages, the Sydney District Court has ruled. Gardner's knee was fractured by a police officer after she was caught without a train ticket in Cronulla in 2011.
According to Gardner, police officers kicked her, sat on her, handcuffed her, pushed her against a fence, loaded her into a paddy wagon, and finally dumped her at a nearby train station without charge .
Judge Norton awarded $120,000 in damages for assault/trespass to the person, $15,000 in wrongful arrest damages, $10,000 in aggravated damages, $10,000 in exemplary damages. The Police Force will also been required pay $3591 for past gratuitous care, $30,000 for future economic loss, $30,000 for future treatment, and $25,000 for future assistance.
Barrister Geoffrey Petty, SC, said the only record of the incident was a standard internal log that was "brief in the extreme".
The police initially denied Gardner's claims, saying that she bit and kicked officers. However, Petty said CCTV footage showed the kick "as plain as daylight" and also showed the officers talking on the station as Ms Gardner limped away.
Police Media released a statement on Friday saying: "NSW Police Force notes today's court decision. The NSWPF is currently reviewing the judgement in order to determine its options."
TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products.
