Baby sues police after alleged strip search before Kempsey jail visit

An eight-month-old boy is suing the state over claims he was strip searched by police before a jail visit — the second child aged under two to take legal action over the same police operation.

The family of an eight-month old baby is suing the state over claims he was illegally strip searched by a female police ­officer while on the way to visit his father in jail.

The infant boy was allegedly undressed and taken out of his nappy by a female police officer who is accused of then lifting and spreading the baby’s legs and inspecting his naked body, according to a statement of claim filed in Port Macquarie District Court.

The alleged incident took place outside Mid North Coast Correctional Centre near Kempsey on September 2, 2018, when police and NSW Corrective Services were conducting an operation to search people for illegal contraband who were visiting the jail.

He is now the second child to have their family sue the state over being strip searched by a female officer during the operation. A 16-month-old boy’ case was settled a case out of court.

It is yet to be established if it was the same female officer ­involved in both incidents.

There is also no suggestion that the boy or his parents were smuggling contraband into the jail.

An eight-month-old baby was allegedly strip searched before a jail visit. Picture: Generic image/iStock

According to the eight-month-old boy’s statement of claim, police stopped his mother’s car just after 8.30am and both were directed into a bus after being examined by a sniffer dog, the document said.

Inside the bus, the mother and baby were both allegedly strip searched.

The baby’s statement of claim said the officer removed his clothes and nappy before lifting and spreading his legs.

“The police officer inspected the (baby’s) naked body, ­including (his) genitals and buttocks area,” the document said.

The legal action was launched under his mother’s tutelage in the Port Macquarie District Court, which hears claims worth between $75,000 and $750,000.

The boy’s lawyers Todd Scott and Dean Woodbury said the baby’s family is suing for battery and unlawful detention.

“NSW laws clearly state that a child under 10 cannot be strip searched,” Mr Scott said.

“Yet here we have an eight month old being strip searched by a police officer of the ­opposite sex. It is a disgraceful violation of the rights of a baby who is completely incapable of defending themselves.”

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The family is also claiming exemplary damages by claiming that the police officer acted “outrageously and disgrace­fully” by “strip searching a baby” while showing a “flagrant disregard for the law” and the child’s rights.

This was “far worsened, as the female police officer knew the plaintiff was a male baby and a vulnerable person completely incapable of defending himself or asserting his rights…”, the statement said.

The state, on behalf of the police, has yet to file a defence in the case. Under NSW laws, it is illegal for police to strip search a child under the age of 10. Strips searches must also be conducted by the same sex.