Some charming Australian police

Chef bashed in police cell gets almost $100,000 compensation

A CHEF who made a 000 emergency call from a police cell to police to complain he had been bashed by police has been awarded nearly $100,000 compensation by three appeal judges. They today overturned an earlier ruling by a County Court judge that three police sergeants used "reasonable and proportionate’’ force to subdue Grant Watkins.

The Court of Appeal said there was no doubt Mr Watkins was assaulted on five separate occasions at St Kilda police station and the issue was whether the officers had legal defences to their actions.

Sergeants Nathan Kaeser, Andrew Falconer and Richard Lewis said that after Mr Watkins was arrested for an alleged assault on his girlfriend he tried to avoid being fingerprinted by spitting blood and struggling violently. They said they only used reasonable force to subdue him and that their actions were in compliance with the Crimes Act.

After the incident on May 14, 2005, Mr Watkins made an emergency call using his mobile phone and asked the operator to send police because he was being held against his will and had been assaulted by police.

Appeal judges Justices David Ashley, Philip Mandie and David Beach said Mr Watkins claimed that during an attempt to fingerprint him his arms were held by Sgt Lewis and Sgt Falconer while Sgt Kaeser king-hit him. They ruled that none of the five alleged assaults were justified and the evidence could not be denied.

"We are bound to say, the (trial) judge made a number of findings about the conduct of Mr Watkins and the police defendants which cannot be sustained," they said. "The assaults were a serious invasion of the appellant's rights. They caused him significant physical and psychiatric injuries.

Mr Watkins, 28, of Briar Hill, sued the State Government and the three officers, claiming he was left with multiple grazes around his face, ears and head and suffered intense anxiety, pain and emotional distress.

He had no previous convictions and admitted he refused to give his fingerprints after being arrested over an argument with his blind and bi-polar girlfriend.

Watkins was awarded $98,000, with the compensation amount being ordered only against the State Government and Sgt Kaeser.

SOURCE. (Via Australian Politics)