Accused stalker Benjamin Reeve sued police for holding him 16 minutes too long
Two years before he was cleared of stalking model Simone Holtznagel, an ex-CEO was found not guilty of stalking another woman. And now he has sued police.
Police & Courts
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The man cleared of stalking model Simone Holtznagel was acquitted of stalking another woman two years ago and, after being exonerated, successfully sued the state because police held him in custody for 16 minutes too long.
Benjamin Reeves, 59, was found not guilty of stalking a 21-year-old retail worker in a case where police accused him of loitering at a cafe about 300m from her McMahons Point home on October 19, 2020.
Magistrate Michael Barko dismissed the case in the Downing Centre Local Court on May 17 2021, after it emerged in court that Reeves had been a McMahons Point resident for 19 years, giving him a justifiable reason for being at the cafe.
Reeves, the former CEO of the Australian Association of Graduate Employers, sued the police in Sydney District Civil Court for wrongful arrest, false imprisonment, malicious prosecution and battery.
On Tuesday, Judge Alister Abadee ruled Reeves was successful in suing for false imprisonment because police held him in Chatswood Police Station’s questioning room for 16 minutes too long.
The court heard Reeves exercised his legal right to silence when police were questioning him but the officer continued asking questions.
“I find therefore that it was unreasonable for police to have detained Mr Reeves in the interviewing room from 8.16pm to the conclusion of the interview at … 8.32pm,” Judge Abadee said in his judgment, adding: “Even though the police officers had lawful authority to take Mr Reeves into custody, it does not follow that they could put him where they liked for any purpose and for however long they wanted.”
The judge ordered Reeves’ lawyers to make legal submissions to him as to what damages he will be pursuing.
One legal source said: “What damages is he going to get for 16 minutes? $100?”
According to Judge Abadee’s judgment, the woman also complained to police and Westfield Pitt St security that Reeves had approached her around the shop where she worked multiple times in October 2020.
The woman told investigating police that Reeves walked past the fashion store where she worked multiple times, waved at her, and struck up a conversation that made her feel uncomfortable, the documents said.
Reeves denied any wrongdoing and the court heard Reeves said he was being “friendly”.
Reeves was arrested in August 2022 and police charged him with stalking Ms Holtznagel, who rose to fame on the reality TV show Australia’s Next Top Model.
Reeves pleaded not guilty to stalking Ms Holtznagel between April and July 2022 at venues in Sydney’s CBD and Bondi Beach.
Police withdrew the charges in court on Thursday.
After withdrawing the charge, police arrested Reeves outside the court and charged him with breaching a personal violence order taken out to protect Ms Holtznagel.
He is listed to appear in court on Tuesday.
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