Billion-dollar lawsuit over Bellbowrie car scratch arrest fails in court

It started with an arrest over an alleged car scratching and ended with a $1bn lawsuit claiming police conspiracy. But this Brisbane man learned not everything works out in court.

A Brisbane man’s $1 billion lawsuit alleging police conspiracy, false arrest, and malicious prosecution over a 2018 car-scratching incident at a Bellbowrie shopping centre has been dismissed by the Supreme Court. Picture: Facebook

The Supreme Court has dismissed a Brisbane man’s $1 billion lawsuit which claimed he was the victim of a malicious prosecution, false arrest, and police assault after being charged with scratching a car in 2018.

In a 90-paragraph judgment handed down last week, Justice Paul Freeburn found Ian Andrew Wood had failed to prove any of his claims against the State of Queensland, including that his arrest and brief detention were part of a police conspiracy to punish him.

Mr Wood, who represented himself at trial, had sued the State over his October 2018 arrest for allegedly scraping a sharp object along the side of a fitness instructor’s Hyundai parked at the Bellbowrie Shopping Plaza.

The wilful damage charge was later dropped due to insufficient evidence, but Mr Wood argued the case was maliciously pursued as part of a wider vendetta by police and prosecutors.

Bellbowrie Shopping Plaza. Picture: Facebook

Justice Freeburn rejected the claims, ruling there was no malice involved and that police acted with reasonable and probable cause.

He said body-worn camera footage showed a police officer lawfully arrested Mr Wood based on CCTV footage and information from the complainant.

“The plaintiff’s liberty was restrained with lawful justification,” Justice Freeburn said.

The incident began on September 28, 2018 when the fitness instructor returned to her car after work at a gym at the Bellbowrie Shopping Plaza to find a deep scratch along the driver’s side.

She saw Mr Wood, a long-time adversary, nearby laughing and waving.

Police later viewed shopping centre CCTV footage that showed a man, walking closely along the Hyundai with his right arm extended.

On October 15, 2018, Mr Wood was arrested at the plaza and a confrontation ensued, during which Mr Wood was taken to the ground and held for less than two hours before being released with a notice to appear in court.

At trial, Mr Wood alleged the arrest amounted to assault, battery and false imprisonment.

He also claimed his human rights were violated when he was denied the ability to call a lawyer or be questioned.

A car scratch at a Bellbowrie shopping centre resulted in the case. Picture: File

Justice Freeburn dismissed the allegations, noting that Mr Wood was not interviewed by police and the human rights he referred to were not recognised under Queensland law.

Mr Wood’s central claim of malicious prosecution was also rejected.

Justice Freeburn found that while the prosecution later abandoned the case, there was enough evidence at the time to lay charges and no indication of improper motive.

In court, Mr Wood argued the case was part of a conspiracy involving police, prosecutors and others to retaliate against him for giving evidence in an earlier, unrelated matter.

He also accused police of deliberately destroying footage from Indooroopilly Police Station that he said would prove misconduct.

But the judge said the conspiracy allegations were speculative and unsupported by credible evidence.

He also noted that Mr Wood had included a claim for conspiring to defeat justice which had already been struck out by another judge and was “of no effect”.

Justice Freeburn ordered the proceedings dismissed and directed Mr Wood to pay the State’s legal costs.

Originally published as Billion-dollar lawsuit over Bellbowrie car scratch arrest fails in court