Family sues after toddler ‘strip searched’ outside Kempsey Jail
The family of a 16-month-old toddler is suing the state after police allegedly strip searched the boy outside a jail — an act his lawyer says is a “disgraceful violation” of his basic human rights.
NSW
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A toddler is suing the state after he was allegedly strip searched by police on the way to visit his dad in jail.
The boy was 16-months-old when a police officer allegedly removed him from the capsule on the back seat of his aunty’s car and took him into a police bus near Kempsey Jail on September 2, 2018.
Inside the bus, the infant’s family claim the female officer removed the boy’s nappy and clothes before inspecting his naked body and genitalia, court documents said.
The female officer who allegedly conducted the strip search was the subject of an internal police investigation, which upheld two complaints against her, including that it is illegal to strip search a child under 10.
At the time of the search, NSW Police and Corrective Services were conducting a screening operation outside the prison targeting offences, including the smuggling of drugs and contraband into the prison.
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There is no suggestion the family were trying to use the baby to commit this or any other offence and they were not charged.
Under the tutelage of his mother, the boy has now launched legal action against the state in the NSW District Court — which hears claims between $75,000 and $750,000 — for false imprisonment and battery.
The family are making a claim for exemplary damages with the documents saying the officer “outrageously and disgracefully” strip searched the boy in an act that “affronts morality” with “flagrant disregard” for the law.
The infant’s lawyers Todd Scott and Dean Woodbury claim the officer broke numerous laws relating to police arrest powers.
“Strip searching a one-year-old baby is a disgraceful violation of someone who … is completely incapable of asserting or defending their basic human rights,” Mr Scott told The Sunday Telegraph.
“Unlawful strip searching appears to be rampant among NSW Police officers and something must be done urgently to stop this. Either there is deficient or insufficient training around this.”
Police are yet to file a defence with the court. In response to a number of questions, including if the officer had been disciplined, a NSW Police spokesman said: “As there are civil proceedings current, it is not appropriate that the NSW Police Force comments.”
The boy’s aunty has also launched legal action claiming she was strip searched and forced to squat and cough while naked.
According to documents filed with the court, the boy’s two aunty’s were driving him to Mid North Coast Correctional Centre, near Kempsey, at 10am to visit his father who was in prison.
His mother did not attend the visit.
Police stopped the car near the entrance to the jail and directed the two women to exit the vehicle, the baby’s statement of claim said.
The infant remained in the car, and after about 15 minutes, the document claims the officer removed him from the car and took him onto a nearby bus.
On the bus, the family claim the officer removed the boy’s clothes and nappy before inspecting his naked body and genitalia.
According to the statement of claim, the search was illegal and there were numerous other breaches of the law that amounted to wrongful imprisonment and battery.
This included that it is illegal to strip search a child under 10-years-old and that a strip search must be done by the a person of the same sex as the person being examined.
The aunt, who was 17, also claims she was illegally strip searched and is suing.
Police are also yet to file a defence to this case.
According to her statement of claim, the teen was a passenger in the car being driven by her sister.
The woman claims police directed her to enter the bus where she was told to remove her top, so her breasts were exposed to two female officers.
She then claims the police directed her to remove her pants and underwear, squat and cough.
According to her statement of claim, this was a breach of the law because the strip search of a minor can only be done in the presence of a parent, guardian or acceptable third party.
The only clause to this is if police suspect evidence will be destroyed before one of the above adults can attend or if an immediate search it needed to protect the person’s safety.
The teen also claims police breached laws requiring them to “preserve” her “dignity” during a strip search and use minimal invasiveness.
In relation to the search on the teen, Mr Scott said: “It is difficult to imagine anything more degrading than being forced to remove clothes and be naked in front of complete strangers.”
“Such a degrading power should only be exercised when clearly necessary and in strict accordance with the law. It’s time this message gets through,” Mr Scott said.
The officer was the subject of an internal police investigation, which upheld complaints of failing to comply with police powers and unprofessional conduct.
She was spoken to by her superiors in November 2018.
The matter is listed for a call over hearing at Port Macquarie District Court in November.