Australian pilot given second chance to sue government over wrongful imprisonment

A PILOT who had a $45 million wrongful imprisonment claim against the Federal Government thrown out on a legal basis has been given a second chance to sue. Last year in the Queensland Supreme Court, Justice Stanley Jones ordered Frederick Martens' damages claim against the Federal Government be struck out after ruling it had been filed under the wrong legislation.

Justice Jones ruled the claim for $45 million should have been filed under Queensland legislation rather than federal law. He said the claim should have been filed under Queensland's Personal Injury Proceedings Act and, because Mr Martens' legal team had not followed the procedures required by that legislation, it must be dismissed. He also ordered Mr Martens, of north Queensland, to pay the legal costs of the government.

Mr Martens spent three years in jail after being convicted of having had sex with a 14-year-old girl in Papua New Guinea in 2001. The conviction was overturned after two appeals when his family obtained official documentation which proved he was in Australia and not Papua New Guinea at the time of the alleged offences.

Mr Martens had sued seeking damages including the collapse of several business ventures in Papua New Guinea. He went to the Court of Appeal in Brisbane which today unanimously allowed his appeal. It set aside Justice Jones's order.

The Court of Appeal then struck out the original statement of claim but allowed Mr Martens until April 13 to serve a further statement of claim on the Federal Government.

Justice Margaret Wilson said Justice Joes had been correct in finding Mr Martens' claim for personal injury should have been filed under state law. "The difficulties with the pleadings are such that it is not clear whether he is seeking to pursue other claims as well," she said.

Justice Wilson said Mr Martens should have an opportunity to replead any claim that was not a claim for personal injuries.

Original report here




(And don't forget your ration of Wicked Thoughts for today. Now hosted on Wordpress. If you cannot access it, go to the MIRROR SITE, where posts appear as well as on the primary site. I have reposted the archives (past posts) for Wicked Thoughts HERE or HERE or here