Welcome to our July newsletter. In this edition of Fighting for Justice, we share the latest news from the firm. In particular this month, our lawyers have been very busy successfully settling some major cases. Here are some legal case study highlights, plus comments from Peter on the Queensland watch house footage.
Here's what you'll find this month in Fighting for Justice:
- Peter O'Brien comments on the shocking footage from the watch houses in Queensland.
- A student activist successfully sues the NSW police after they arrested her at her home in the middle of the night.
- Our clients successfully won a case against the NSW state for the tragic death of their sister who died whilst in custody.
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Peter O'Brien, our Principal Solicitor, comments on the Queensland Watch House Footage:
Queensland Watch House Footage of Child Detainees Sparks Outrage
Peter O'Brien, our Principal Solicitor, comments on the Queensland watch house footage:
"This is disgusting and vile treatment of vulnerable children, of the likes royal commissions in the past have strenuously criticised and condemned. And yet it is repeated and supported by Queensland police and its parliament. Every parliamentarian in Queensland who is not speaking out and acting to stop this brutalization of children should hang their head in shame."
This month, shocking footage has emerged from a watch house in Queensland, depicting the appalling treatment of detained children. Recently, reports also emerged that a 13-year-old was sexually assaulted in a watch house.
The video, released on July 17, 2024, reveals multiple instances of children being subjected to harsh and inhumane treatment.
Queensland watch house
Unsurprisingly, the footage has garnered widespread condemnation, and it has reignited the debate on the treatment of vulnerable youths in the criminal justice system. The Queensland police and parliament have come under intense scrutiny for their role in perpetuating such treatment.
Peter has strongly condemned the actions depicted in the footage.
He emphasizes that the behavior seen in the video is not only unacceptable but has also highlighted a failure to learn from past mistakes that royal commissions have previously condemned. He asserts that every member of the Queensland parliament who fails to speak out and take action against this brutality should be ashamed.
The incident has prompted calls for comprehensive reforms within the youth justice system. In order to help ensure the protection and fair treatment of all children. Legal professionals and human rights advocates are urging for transparency, accountability, and immediate measures.
2. Student Activist Successfully Sues NSW Police
Our client wins a landmark case after she successfully sues NSW police
Our client, Fiona* is a young activist. She achieved a significant legal victory against the NSW Police. Her case highlights the issues of police misconduct and the importance of holding authorities accountable.
In summary, Fiona participated in a protest in Sydney. She was not arrested at the protest. However, later that night police arrested her at home for a minor offence. Yet, the charges were dropped so she went on to sue the police for the wrongful arrest. In the end, with our help, the court ruled in her favour, recognizing the police's wrongful actions.
Fiona, a dedicated student housing activist, joined the protest in February, 2023. The protest aimed to highlight the excessive profits of major banks. When police asked for her details, Fiona complied without hesitation.
Legal Case Study: Police arrest student activist
Later that night, however, police arrived at her home. They arrested her for the minor offence of entering enclosed lands. This charge was disproportionate and seemed politically motivated. The police's aggressive manner during the arrest only added to the unjust nature of the situation.
The charges against Fiona were eventually withdrawn and dismissed. Recognizing the severity of the police's actions, Fiona decided to sue the police. She filed claims for false imprisonment, assault and battery, trespass to goods, and malicious prosecution.
The legal proceedings revealed critical details supporting Fiona's claims. For example, the police lacked reasonable grounds for the arrest. Furthermore, their conduct during the arrest was unnecessarily aggressive. The court heard how the police's actions violated several legal and procedural standards.
Fiona's legal team at O'Brien Solicitors argued that the police had no valid reason to arrest her at her home. Additionally, they highlighted the aggressive nature of the arrest, which caused Fiona significant distress. The court agreed, ruling in Fiona's favour.
The court's decision underscored the importance of lawful police conduct. Fiona's victory not only vindicated her rights but also sent a powerful message against police misconduct. This case serves as a reminder of the need to hold law enforcement accountable for their actions.
3. Pursuit of Justice for Family of Aboriginal Woman Who Died in Custody
Danny* faced a heart-wrenching ordeal following the death of his sister, Tracey*, an Aboriginal woman. The woman died in custody, leading to immense grief and trauma for Danny. This case involves a nervous shock and compensation claim arising from Tracey's death. Danny, along with other plaintiffs, pursued legal action for suing state for death in custody. In addition to suing the State of New South Wales, Danny and the other plaintiffs also sued the pharmacist.
Tracey died while in custody in NSW, triggering a series of distressing events for her family. The plaintiffs, deeply affected by the death in custody, filed a lawsuit against the State of New South Wales. The defendants were the police, and the pharmacist involved in the case. The family sought justice and compensation for the immense emotional and psychological impact of Tracey's death.
The Supreme Court of New South Wales oversaw the case. The plaintiffs, including Danny, represented by O'Brien Criminal and Civil Solicitors, detailed the severe psychological trauma they experienced. They provided comprehensive particulars of the injuries and ongoing disabilities Danny faced, including:
- Chronic major depressive disorder due to severe traumatic bereavement.
- Persistent hopelessness and suicidal thoughts.
- Severe insomnia and marked social withdrawal.
- Emotional numbness and significant weight loss.
- Hypervigilance regarding his and his family's safety.
- Deep resentment, guilt, and preoccupation with the death.
- Poor concentration and pervasive anhedonia.
- Reduced quality of life and loss of enjoyment in social activities.
Legal Case Study: Death in custody
Danny's ongoing struggle with severe depression and grief required extensive medical and psychological support. As a result, he had to pursue action for suing state for death in custody.
Danny, along with the other plaintiffs, sought compensation for non-economic loss due to the profound impact of Tracey's death. The case highlighted the severe emotional and psychological toll on the family, emphasizing the need for accountability and proper conduct within the custodial system. Through this legal action, Danny aimed to achieve justice for his sister and bring attention to the issues surrounding her tragic death.
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