Key Words: Assault – battery – false imprisonment (unlawful arrest) – malicious prosecution – successful settlement
Facts:
HK was a young Indigenous Australian man from an island north of Darwin. He travelled to Darwin to visit family. On his way home, he went to Woolworths in Cavanagh St to purchase some alcohol.
As HK was exiting the supermarket, there was a commotion amongst several other Indigenous Australian people from a different community just outside the Woolworths. Police attended to break up the dispute. HK was more than 20 metres away from the group walking in a different direction, but the police chased after him and arrested him. HK was then taken to a police station and charged.
HK was kept in custody for a month before having his charges heard in the Local Court and dismissed by the magistrate.
HK approached O’Brien Solicitors to help him explore any recourse he might have against the police.
Outcome:
O’Brien Solicitors helped HK successfully sue the Northern Territory police for assault, battery, false imprisonment (unlawful arrest), and malicious prosecution. The matter was settled out of Court, with an outcome in favour of HK.