Woman Fights to Avoid Trauma of Civil Trial Over Alleged Police Assault

A woman, who was allegedly subjected to an illegal search by a police officer in a Territory watch house in 2020, is appealing a Supreme Court decision to review the case without sending her "back to square one". The woman, who was awarded $120,000 in damages in a local court, is fighting to avoid the trauma of a second civil trial after the NT Government appealed the original decision. The appeal was made due to a legal error, but the woman's senior counsel, Kathleen Foley, is arguing that the case should be returned to the original judge rather than restarting the entire process five years on.

Key Takeaways:

• The woman was awarded $120,000 in damages in a local court after a judge found that a female police officer had conducted an illegal search, inserting "one or more fingers" into her vagina during an arrest at the Palmerston watch house in 2020.
• The NT Government appealed the decision due to a legal error, but the woman's senior counsel is arguing that the case should be returned to the original judge rather than restarting the entire process.
• The alleged assault occurred after police had suspicions that the woman had "concealed" stolen property inside herself.
• The woman had been drinking and using methamphetamine before her arrest, and later admitted to robbery and drug possession offences.
• The original judge found that the CCTV footage showed the police officer's hand went "under the skirt with her palm facing upwards" and that the woman's skirt was not bunched up.
• The officer has contested the allegations, claiming that her shirt was "bunched up" between her legs and that it was not "physically possible" for the penetration to have occurred.
• The original judge found that the woman's credibility was questionable, but that the surrounding evidence was sufficient to overcome that doubt.

Statistics:

• The woman was awarded $120,000 in damages in the original trial.
• The woman has 16 pages of prior convictions, including 30 property or dishonesty offences.
• The alleged assault occurred in late 2020.
• The NT Government's appeal was made solely on the issue of the "inadequate" reasons for the decision.
• 38 days after the original decision, the NT Government filed their challenge listing eight potential grounds for appeal.
• Justice Riley overturned the decision solely on the issue of the "inadequate" reasons for the decision.

Sources:

• Zizi Averill, "Woman Fights to Avoid Trauma of Civil Trial Over Alleged Police Assault", (NT News), exact date of publication not specified, but reported to be recent.