Curtis Scott seeks $400k damages from NSW Police as $89m in payouts revealed
The cost of civil claims against NSW Police officers conducting illegal arrests, unlawful searches and assault has been revealed as NRL star Curtis Scott seeks an eye-watering damages bill for his Australia Day arrest. SEE THE FIGURES HERE.
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NRL star Curtis Scott is seeking up to $400,000 in damages from NSW Police for his unlawful Australia Day arrest.
Confirmation of the Raiders stars intentions come just as new documents handed to the NSW Upper House revealed nearly 1000 civil claims had been settled by the NSW Police Force in the past four years, with payouts totalling $90 million.
The matters included allegations of unlawful arrests, illegal arrests, false imprisonment, trespass, assault, harassment and malicious prosecution.
A total of $89.62 million has been settled across 968 cases between the 2016/17 and the 2019/20 financial years, averaging a $92,583 payout to each victim.
The figures come just weeks after bodycam footage revealed the unlawful arrest of Scott in a Moore Park incident by NSW Police.
The Canberra Raiders centre was arrested by police when he fell asleep under a tree on Australia Day, with police prosecutors forced to drop charges including two counts of assaulting police and one count of resisting arrest after footage played out in court showed the star was passed out during the incident.
Mr Scott’s lawyer, Sam Macedone, said his client was intending to sue NSW Police for damages associated with wrongful arrest, assault and malicious prosecution to the tune of up to $400,000.
“There are too many cases where Police overstep the mark and make arrests that are unlawful and/or they over react in their duties and assault or otherwise ill treat people inappropriately,” he said.
“I believe that all of this stems from a lack of proper training and the fact that we are seeing more and more young officers being sworn in.
“Often these young and inexperienced officers do not have proper training before they are sworn in nor are they given a senior mentor in the early stages of their career.”
Mr Macedone said the eye-watering payout for civil cases didn’t surprise him.
“Until Police are better trained and better educated in what their exact powers are, and in particular, how not to over step the mark in their duties, we will continue to see large payments being made by the NSW Police service to citizens who have been inappropriately dealt with by Police,” he said.
This week, the NSW Police Force was ordered to hand over documents detailing the number and cost of civil cases against officers between 2016 and 2019 to the Legislative Council, which also uncovered a total of 38 current or former officers have brought claims against NSW Police during the same timeframe.
Details of the number of police officers who received a settlement remain secret.
Cases of officers claiming incidents of historical sexual assault in the workplace and PCYC facilities across the state were also included in the report.
In July, the Law Enforcement Conduct Commission handed down a report on NSW Police Force misconduct matters relating to strip searches conducted at the Hidden Music Festival, Secret Garden Music Festival and Midnight Mafia Music Festival.
The government watchdog investigated three complaints about the lawfulness and conduct of strip searches of four individuals — which found there was insufficient lawful basis
for the strip search, as well as the issuing of a banning notice to a woman entering the Hidden Music Festival on March 2, 2019.
Investigations found the woman was forced to endure a strip search with the door of the cubical unable to be closed.
The Redfern Legal Centre’s Samantha Lee said she was working alongside Slater and Gordon to investigate the opportunity for compensation claims on unlawful strip searches.
“NSW Police’s dirty laundry isn’t being aired,” she said. “We know the majority of civil claims are settled and shows there are systemic problems arising on a regular basis that are not being addressed.
“A big problem is settlements come with gag clauses, so the person that has been wronged cannot speak about the problem or the pain caused — meaning we never see what needs to change.”
A NSW Police spokeswoman said it receives around 300 civil claims seeking damages each year.
“The figures relate to all costs, including defence legal costs, court costs, plaintiff legal costs when paid by the State and damages amounts,” the spokeswoman said.
“Figures supplied to the Legislative Council also include matters where the State either successfully defends a matter at hearing or settles in its favour.
“These figures were obtained from the Treasury Managed Fund, which provides insurance coverage for the portfolio.”
As the NSW Police Force is insured, contingent liability for this portfolio is not borne by the NSW Police Force, the spokeswoman added.
The $89.62 million figures obtained by NewsLocal relates purely to the money spent on settled civil cases.
There was an additional $1.461m spent on court judgments and costs.
The Treasury Managed Fund is a department-funded insurance scheme – which ultimately comes from the public purse.
Police Minister David Elliott and the NSW Police Association were contacted for comment.