Cunningham v Traynor [2016] WADC 168: $1m in Damages Awarded to Plaintiffs
Tuesday 3 January 2017 @ 9.59 a.m. | Legal Research
A couple who were tasered by police in Fremantle in an incident in November 2008, have been awarded more than $1 million in damages after suing the State for false imprisonment and assault.
Background
Associate Professor Robert Cunningham and Catherine Atoms took civil action against police officers Peter Clark, Simon Traynor and Glenn Caldwell, and the State of Western Australia, for malicious prosecution, false imprisonment, assault and battery.
The District Court of Western Australia heard how Dr Cunningham and Ms Atoms stopped to help a stranger who had fallen into a hedge outside a Fremantle hotel. Shortly afterwards, both were grabbed and handcuffed by police who kicked and tasered the couple before taking them to Fremantle police station.
Police arrived shortly afterwards and tasered the couple, before handcuffing them and charging them with obstructing a public officer.
The Judgment
District Court Judge Felicity Davis found in favour of the plaintiffs, ruling the couple was subjected to battery, false imprisonment and misfeasance in public office.
Davis J. said in her judgment [at para 911]:
"For a lawyer, and particularly one who holds a teaching position at a university law faculty, the experience of being wrongly arrested, handcuffed, manhandled, tasered, deprived of his liberty and then charged with a criminal offence must be particularly humiliating, embarrassing and stressful. I find that it was in Dr Cunningham's case, even though the offence of obstructing a public officer was not a serious offence."
Her Honour disputed much of the evidence provided in the case by the three police officers, commenting that Ms Atoms was not angry or aggressive towards police, but was "calm and composed as seen on the CCTV footage" as she tried to help the man in the bushes. She also found Mr Caldwell's tasering of the pair was "neither reasonable nor appropriate" and went on to note there was a culture at Fremantle Police Station in 2008 of "antipathy towards members of the public".
Comment from WA Police Union
In a statement, the WA Police Union said it would consider the merits of an appeal and continue to support the officers involved.
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Sources:
Maurice Blackburn principal acts in police tasering scandal
Couple tasered, detained by police in Fremantle awarded more than $1m in damages – abc.net.au
Cunningham v Traynor [2016] WADC 168 (9 December 2016)
