HOORAY! MALICIOUS COP LOSES

Too bad if you're not a lawyer, though

Lawyer Adam Houda has been awarded at least $145,000 for wrongful arrest over a scuffle with a "spiteful" police officer, who unjustifiably accused him of assault. Mr Houda sued the state of NSW after he was arrested in 2000 at Burwood Local Court and charged with assaulting Constable Lance Stebbing. The charge was withdrawn and dismissed six months later.

Today, Mr Houda, 30, was awarded the payout by the NSW Supreme Court for malicious prosecution, wrongful arrest and false imprisonment. It does not include interest and a decision on costs will be made on Friday.

Constable Stebbing had told Mr Houda, who has represented former Guantanamo Bay detainee Mamdouh Habib and accused terrorist Bilal Khazal, to "f--- off" in front of a group of people, the court heard today. Mr Houda had told him to mind his own business after he interrupted a conversation the lawyer was having with another police officer about a client of his. Constable Stebbing then walked towards him in a "menacing" way and said "get out of my personal space" and pushed him in the chest into a wall. Mr Houda then raised his hand in front of his chest and came into contact with Constable Stebbing, who kept walking towards him. Mr Houda had replied to him: "Where do you want me to go, you idiot? I have a wall behind me."

Mr Houda told the court that he thought Constable Stebbing must have been "crazy". It was a "reasonable act of self-defence", Acting Justice Harvey Cooper said in his judgement today.

But Constable Stebbing arrested Mr Houda and took him down the staircase of the courthouse, onto the street and down to the police station, where he was detained for one hour. "Constable Stebbing well knew that that offence had not been committed and that he was motivated to do so solely out of spite or ill will towards the plaintiff because the plaintiff had stood up to his unjustified, menacing and rude conduct."

Asked outside court why he pursued the action, which involved a four-week hearing, Mr Houda said: "It's based on principle. The police abused their powers on the day and brought thuggery to the court and I stood up for my rights."

Report here


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