Former cop Dan Wilson sues NSW Police for negligence over Redfern riots
When Senior Constable Dan Wilson was called to a riot in Redfern in 2004, he says lack of training, shabby protective equipment and no briefing made him ‘cannon fodder’ for an angry mob. The former cop is suing for negligence, saying that night left him a broken man.
NSW
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It’s been 16 years since Dan Wilson was “thrown to the wolves” at the Redfern riot yet the former cop remembers it like it was yesterday.
With no training in public order or the use of riot gear, shabby protective equipment and no briefing or warning, the senior constable was “cannon fodder” for an angry mob hurling bottles, bricks and molotov cocktails.
Mr Wilson is suing the NSW Police Force for negligence.
He remembers feeling “naked and helpless” against the growing crowd, some with bandannas and shirts wrapped around their faces screaming “Copper c …! F … in’ dogs! Gonna kill ya!”.
“I had no idea what had caused the disturbance but there was an extreme level of anger and aggression being directed at police,” Mr Wilson recalls of that frightening night of February 14, 2004.
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‘I’m going to f**king kill you and your stupid kids’
“They weren’t aimlessly lobbing these objects though, they were throwing them at us while we were standing in the line.
“We were ordered to stand firm, keep the line! Don’t break the line! I wasn’t properly equipped, and I had no idea what I was doing just standing in this line.
“I felt like I was a mongrel dog on a leash, being provoked and taunted but I couldn’t defend myself or do what was needed to bring this situation under control.”
The senior constable and his partner had been on other duties when they got the call to The Block, oblivious to the escalating rage over the death that morning of 17-year-old Thomas Hickey.
Thomas, known as TJ, had been impaled on a metal fence after falling from his bike and a witness reported seeing cops chasing him to his death. Police would later be exonerated in a coroner’s ruling, but that night, the uniforms were the enemy on Eveleigh St.
More than 100 Aboriginal and non-Indigenous residents gathered quickly after word of the death spread, preparing petrol bombs, stockpiling bricks.
Police closed the streets, triggering the crowd to turn violent. and soon there was a full-scale riot.
The riot continued into the early hours until police used fire brigade water hoses to disperse the crowd.
Some 40 police officers were injured. WorkCover later prosecuted the NSW Police Force in the Industrial Court of NSW, alleging that police failed to ensure the health, safety and welfare of officers by not providing riot gear or training, which led to officers being injured.
NSW Police pleaded guilty to the charges, and was fined $100,000.
“They kept coming and throwing bottles and bricks at us, while we stood there in the line, dodging projectiles and jumping out of the way to avoid being hit. I felt both terrified and resentful,” Mr Wilson recalls.
“I guessed that we couldn’t have the public thinking that we, the NSW Police, were the aggressors in this situation, which is maybe why we had to stand in our spots and take the belting.
“We had no protective gear for half of the night, it was locked away in a cupboard in Redfern station and no one could find the key. Then when it finally arrived it was dated and broken.
“One of the handles was missing on my riot shield, straps were broken on my leg protectors so they flapped up and down and as a result my leg pants were shredded by the end of the night from broken glass.
“The helmet was too big and kept moving around, like a bobblehead, the face shield was scratched. The orange street lights fragmented when they came through the visor, making it hard to see.
“So we stood there, hours on end in a war zone we weren’t prepared for or trained for.”
Mr Wilson is suing the NSW Police Force for negligence, claiming his PTSD was caused as a result of his employer not providing him with adequate instruction, training or personal protective equipment to respond to the riots, which caused him to fear for his life. He also claims that they failed to look after his psychological health in the aftermath of the riot.
Mr Wilson says the riot was the event that triggered the crumbling of his psyche and marks the beginning of a long, drawn-out legal battle with his employer.
Worst still, it marked the end of his police career in 2014, with experts deeming him a “loose cannon” not fit for active service, ultimately leading to a medical discharge.
While medical experts on both sides of the fence agree he suffers severe PTSD, police psychologists — some of whom haven’t met Mr Wilson — say his debilitating condition is a cumulative effect of his years in the police force and could not have been caused by the riot, even though they accept the riot might have been a “very frightening experience” for him. NSW Police is fighting his compensation claim.
A psychiatrist hired by NSW Police has determined that Mr Wilson is unable to work again but the report detailing his findings was “withheld” from his legal team for 14 months and only served this week.
Mr Wilson is asking for an undisclosed amount, believed to be in excess of $1 million.
The drawn-out legal stoush is taking its toll, with the next round of mediation set for this month — six years after he left the police force and his claim was lodged.
Mr Wilson would have given up long ago had it not been for his wife Emma and their two sons, aged 11 and seven.
“It’s been the biggest nightmare ever,” Mrs Wilson said. “The effect that this has had on the whole family, myself and the boys, it’s changed our life forever.
“We are always aware that Dan can snap at any time due to being triggered and we bear the brunt of it,” she said.
“If we go somewhere together we plan an exit strategy, go in separate cars … he will take his camera so he can hide behind that. He will always have his cap on, he will wear headphones to block out the noise, he can’t stand crowds or noise.”
For Mr Wilson, PTSD means living with a short fuse that warns of an explosion.
“In a split-second I can start getting aggravated and angry. It’s like a spark or a trigger. It goes bang and it’s lit.”
Mrs Wilson is urging NSW Police Commissioner Mick Fuller to intervene and bring an end to the lengthy legal fight.
“I would ask the commissioner: why was Dan not supported and protected in the cops and why, when cops fall off the perch they are treated like this and have their claims for compensation basically dragged out until they just give up?
“Dan served NSW for 14 years and because of that he can never work again. He deserves to be treated properly and compensated decently.”
Mr Wilson’s lawyer John Cox of Specialist PTSD & Injury Lawyers, said he was disappointed with the way Mr Wilson’s claim had been defended.
NSW Police human resources commander, Assistant Commissioner Leanne McCusker, said the force was committed to supporting the mental health and wellbeing of all employees.
“The NSWPF Mental Wellbeing Strategy 2020-2025 is a key step in building a whole of organisation approach to mental wellbeing,” she said.