Richard Scott Walker awarded $30,000 after false imprisonment by Sunshine Coast police officers

A man who pleaded with Sunshine Coast police officers to let him visit his dying father in hospital has successfully sued the State for damages. Read what the judge had to say.

A man who was detained by police after visiting his dying father in hospital has successfully sued the State for $30,000 for false imprisonment.

Richard Scott Walker was awarded the damages in the Brisbane District Court on August 5, 2022, after officers repeatedly refused to let him leave to see his dying father.

Court documents reveal Mr Walker had been visiting his father at Sunshine Coast University Private Hospital in September 2014.

Mr Walker had decided to go for a drive to settle himself after being told Palliative Care were taking over his father’s care.

This news caused him distress thinking his father had hours to live.

Two police officers, only named as Senior Constable Ahrens and Constable Brett in the documents, pulled over Mr Walker after the car he was driving lost traction during a U-turn on Nicklin Way, Kawana.

Mr Walker was issued with a traffic infringement notice, which he was found not guilty of at a later date.

The two officers told Mr Walker his car would be impounded for 90 days and he was required to stay at the scene until a tow truck arrived in order for him to sign the paperwork.

The court documents state Mr Walker repeatedly pleaded with the officers to allow him to return to his father but this request was refused on multiple occasions.

Mr Walker was detained for 63 minutes by police even after officers had called the hospital to confirm details about his father’s condition.

Court documents state the officers were told by hospital staff Mr Walker’s father wasn’t dying within hours but they’d failed to relay this information to Mr Walker.

Mr Walker claimed he should be paid $120,000 for false imprisonment and aggravated damages.

However, Judge Michael Byrne awarded Mr Walker $30,000 despite accepting the evidence by officers they believed detaining Mr Walker was the correct procedure.

“The plaintiff is entitled to general damages to reflect the injury to liberty and the injury to feelings, otherwise considered as the distress and embarrassment suffered, including mental suffering,” Judge Byrne stated in court documents.

Costs are yet to be determined.

NOTE: This article previously identified the hospital as Sunshine Coast University Hospital. The Sunshine Coast Daily apologises for any confusion.