During the recent ‘anti-terror raids’, one Western Sydney family awoke at 4.30am to the sound of their door being smashed down and several state and federal police in balaclavas swarming their house.
None of the family members were charged with any crimes in the aftermath of the raids that ransacked 16 homes, yet led to very few charges.
The family is furious at the way they were treated by the police during the ‘search’.
The sons, only teenagers aged 14 and 15, were handcuffed while their mother was ripped out of her bed screaming.
The family says that the mother was punched by a police officer as she tried to cover herself with a bed sheet to protect her modesty.
Sniffer dogs and metal detectors scoured their home, damaging various areas and digging up the backyard.
The computers and mobile phones were taken away, allegedly leaving one of the children unable to complete a school assignment.
The search is said to have lasted a full 12 hours.
But to this day, the family say they are left uncertain as to why they were targeted, adamantly denying any links to terrorism or any other illegal activity.
The family are too afraid to disclose their names, but have indicated to reporters that they intend to sue on the basis of their brutal treatment.
The NSW police Code of Conduct and Ethics states that police must treat everyone with respect, courtesy and fairness as well as to act in a way that upholds the values and good reputation of the NSW police.
Unfortunately this is not always the case, and the NSW police force pays millions of dollars each year for improper police conduct, including assaults, unlawful arrest and false imprisonment.
In 2012, the Police Force paid out over five million dollars compensation for false imprisonment and assault alone.
Everyone has the right to complain about the conduct of a police officer under the Police Act 1990.
But while the number of police complaints made is dropping (according to the Police Force Annual Report), the number of complaints was just under 5,000 in the financial year 2012-3.
In general, police can be sued if they engage in misbehaviour.
This can include anything from wrongful arrest or unlawful imprisonment, to assault, trespass and malicious prosecution.
However, people are often reluctant to pursue such claims for a variety of reasons – which can include the high cost of civil proceedings, the fear of repercussions or the desire to ‘just get on with life’ and put the incident behind them.
And while wrongful arrest, false imprisonment, assault, trespass and malicious prosecution can all be grounds for suing – what about damage that occurred during a ‘lawful’ search?
Police will often damage doors and other property when carrying out a search that is authorised by a search warrant or where suspected ‘terrorist activity’ is occurring.
In NSW, police are allowed to use ‘reasonable force’ to enter into a home or other premises that is the subject of a warrant or suspected of terrorist links.
The key words here are ‘reasonable force’, and if you feel that the level of force was excessive in the circumstances you may be able to commence proceedings for the resulting damage to property.
According to the NSW Terrorism (Police Powers) Act 2002, police officers do not need a warrant if the officer reasonably suspects that a person, vehicle or premises contains evidence of a terrorist threat in the near future.
They may also seize and detain anything that they suspect may be used in connection with a terrorist act.
However, the legislation also states that a police officer must do as little damage as possible.
And the legislation also prescribes that officers are only to use the amount of force that is reasonably necessary to exercise their power.
The image of a woman dragged screaming from her bed, while her children are handcuffed, does not appear to be a reasonable use of police power.
While the outcome of the family’s lawsuit will not be known for some time, if successful, they will certainly not be the first civilians to successfully launch a lawsuit against authorities on the grounds of unlawful use of power.
