A NSW man is set to receive more than $300,000 in damages after successfully suing the State for assault and malicious prosecution. Allan Frederick Hathaway, now 45, sued the State over his arrest in Wagga Wagga in February 2003, which resulted in his admission to hospital and surgery for facial fractures.
Justice Carolyn Simpson accepted the evidence of Mr Hathaway, who complained he was beaten with a baton by a constable who discovered him hiding in the bedroom of a stranger's house after a police pursuit. Mr Hathaway has admitted to refusing to stop after being seen driving while disqualified in an unregistered car, sparking the pursuit.
The NSW Supreme Court judge concluded Mr Hathaway had been maliciously prosecuted by police on charges of possessing a knife with intent to prevent lawful apprehension, and breaking and entering a dwelling house and stealing a knife. The judge concluded the knife, which belonged to the absent householder, had been placed in the bedroom by a police officer or officers after Mr Hathaway was taken from the scene.
But she said Mr Hathaway failed to demonstrate he had been maliciously prosecuted in relation to charges of assaulting two officers and resisting another. The judge awarded $100,000 in damages in relation to the malicious prosecution. The overall damages figure, which is yet to be calculated, will be above $300,000 and will include $65,000 for general damages.
More details of this appalling episode and the gross police misconduct -- including both destruction and planting of evidence -- here. The goon involved was eventually arrested and charged but got off! It's very hard to nail a crooked cop -- particularly when his superiors are as crooked as he is and do all they can to protect him -- as happened in this case according to the official inquiry.
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