NT Police body search assault: $120,000 judgment overturned after error of law finding

A damages award of $120,000 in favour of a career criminal who alleged an NT Police officer assaulted her while conducting a body search has been overturned by the Supreme Court.

A judgment finding a woman was assaulted at Palmerston Police Station and Watch House by having one or more fingers inserted into her vagina during a search has been overturned on appeal. Picture: File

The Northern Territory government has successfully appealed a $120,000 damages bill resulting from a finding that a police officer assaulted a woman during a body search by inserting one or more fingers into the woman’s vagina.

Last month, Supreme Court Justice Trevor Riley overturned the Local Court decision to award the woman compensation, on the basis the sitting judge gave inadequate reasons for the judgment.

Justice Riley said the trial judge’s prepared reasons, delivered 14 months after the hearing of the case, “do not adequately expose the Judge’s path of reasoning to the ultimate conclusion”. “Significant issues raised on that path were either not resolved or, if findings were made, any use made of those findings in making the final determination was not disclosed,” Justice Riley said.

The matter will now be remitted back to the Local Court for a re-hearing before a different judge.

The woman who alleged an NT Police officer inserted one or more fingers into her vagina during a body search. Picture: Facebook

The original judgment, delivered on December 13 last year, found the woman had been assaulted by a female officer at Palmerston Watch House on August 22, 2020.

The court heard the woman, a long-term drug addict and property offender with a 16-page criminal history, was lawfully arrested after committing a spate of assaults and burglaries at Stuart Park while drunk and high on amphetamines.

Audio and video tendered to the court captured officers voicing their opinion the woman was concealing drugs or stolen jewellery within her vagina, and a plan being hatched to wand the woman first and elevate to the watch commander if necessary.

In finding the assault did occur, the Local Court judge placed weight on a video capturing the body wanding.

Supreme Court NT Justice Trevor Riley. Picture: File

The judge found the video depicted the officer briefly placing their hand, palm upwards, in the woman’s skirt, after which the woman yelped in pain and accused the officer of inserting one or more fingers, before changing in demeanour.

The court was also swayed by a comment made later by the officer, in which she made reference to other officers about “that sneaky finger slip”.

In an affidavit, the officer swore she did not insert one or more fingers into the woman’s vagina, and said it would not have been possible as the woman’s skirt was bunched between her groin and the officer’s gloved hand.

Palmerston Police Station and Watch House, the site of the alleged sexual assault on August 22, 2020. Picture: File

The officer further stated the reference to the finger slip was an “inappropriate joke” made because she was flustered by the allegation.

Justice Riley found the trial judge had not explained why the evidence of the allegedly molested woman was preferred over that of the serving police officer, especially as the judge had already found the woman had “very little credibility”.

This was because she had a long history of dishonesty, told multiple lies during the course of her offending and after her arrest, and was adversely affected by substances.

Justice Riley further found the trial judge had not explained why he believed the officer’s finger slip comment was evidence of the assault actually occurring, and not an inappropriate joke as claimed by the officer.