logo
Judge's ‘grave concerns' in NSW strip search class action case

Judge's ‘grave concerns' in NSW strip search class action case

West Australian15-05-2025

A judge presiding over the case of a woman suing the state of NSW over a strip search at a popular music festival has told the court she has 'grave concerns' about the conduct of the defence, who admitted after two years the search was unlawful.
Raya Meredith was made to undress in front of a police officer, lift her breasts, and remove her tampon during a 'humiliating' and terrifying strip search at the Splendour in the Grass music festival in 2018 that police later admitted was illegal.
The then-27-year-old is the lead plaintiff in a class-action lawsuit brought by Slater and Gordon and the Redfern Legal Centre against the state of NSW on behalf of more than 3000 people likely subjected to illegal strip searches from 2016-2022.
Ms Meredith's lawyer, Kylie Nomchong SC argued in her closing statements Tuesday and Wednesday that there was a failure on the part of 'senior echelons' of NSW Police to ensure proper training and supervision given to police doing searches.
Julian Sexton SC, who is representing the state of NSW, pushed back on claims by Ms Nomchong about police training and the findings of a report by the Lessons Learned Unit (LLU) following a complaint after a 2013 Mardi Gras afterparty.
Mr Sexton said the report, contrary to submissions by Ms Nomchong, did not represent an 'admission of widespread unlawful use of strip searches' or routine unlawful strip searches and instead only made 'recommendations about best practice'.
He went on to tell the court that out of 172,000 searches in 2016, 3850 were strip searches. Resulting from those searches were only 79 complaints, four of which were sustained, with a further two sustained complaints the following year.
'This demonstrates that there was a decreasing number of complaints sustained. There were only five complaints sustained in the period up until November 2018. That doesn't indicate a widespread use of unlawful searches,' Mr Saxton said.
He made similar claims about the 'very small number' of civil cases.
Justice Dina Yehia said the defence case and state of NSW's admission that Ms Meredith's strip search was illegal were of 'grave concern' during Thursday's hearing.
Justice Yehia told Mr Saxton before the lunch adjournment that 'the conduct of the proceedings in relation to the three iterations of defence that were initially relied upon, that is a matter, I'll be quite honest with you, of grave concern to me.
'All I have is three officers' statements that say either that they don't remember the search at all or both that they don't remember the search nor remember the plaintiff, the lead plaintiff in those circumstances,' she said, referring to Ms Meredith.
'I'm just not sure how this could ever have proceeded in the way that it did with the initial pleadings.'
Mr Saxton said the admission about the legality of the search was 'more accurate to say it was an admission based on the absence of proof' and police may have based their recollections on 'practice' rather than specific memory.
In response, Justice Yehia said: 'An assertion that the officer's assessment of the plaintiff's demeanour, physical appearance, body language and answers to questions while they spoke outside the tent is very specific.'
Under NSW law, strip searches – which are recognised as being 'highly invasive and humiliating' – are supposed to be undertaken within specific statutory guidelines, including preconditions of 'seriousness and urgency' that they be done.
Ms Nomchong told the court on Tuesday that not a single COPS event log contained why a strip search was necessary, and the general duties officers were 'defective in their understanding of the basis on which strip searches could be carried out'.
'They were not supervised. They were not trained. And, as a direct result, that is why my plaintiff was unlawfully strip searched … along with others who attended the music festival in 2018,' Ms Nomchong said in her more than six-hour statement.
Resuming on Wednesday, Ms Nomchong urged the court to award exemplary damages 'not only to express the court's disapprobation but because of the manifest breaches of the (Law Enforcement Powers and Responsibilities Act) by searching officers'.
Ms Nomchong went on to add 'but also because of the … manifest failures on the part of the senior echelons of the NSW Police Force responsible for both general and focus training for conducting strip searches' in the state at the time.

Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Four Queensland men extradited from NSW over alleged home invasion
Four Queensland men extradited from NSW over alleged home invasion

ABC News

time8 hours ago

  • ABC News

Four Queensland men extradited from NSW over alleged home invasion

Police have extradited four men from New South Wales to Queensland over their alleged involvement in a "vicious" home invasion on the Sunshine Coast. A group of men allegedly forced their way into a unit complex on Maroochydore's Sixth Avenue on April 10, threatening a 27-year-old man and 29-year-old woman with violence and demanding money. Five men allegedly left the unit a short time later, leaving two from group behind with the man and woman. Police were called to the unit after concerns were raised for the couple. Two men, aged 30, were arrested inside the unit soon afterwards. They have since been charged with one count each of deprivation of liberty and extortion with intent to gain benefit with threat of detriment. On Thursday, New South Wales police executed search warrants across Sydney's western suburbs. Four men were arrested and extradited on a Queensland arrest warrant on the same charges. Detectives from the Sunshine Coast District Crime Group travelled to Sydney ahead of the extraditions. Detective Inspector Chris Toohey said the arrests were the result of exhaustive police work during a "complex investigation". "This has been a protracted investigation with close cooperation between specialist detectives and regional police, in conjunction with NSW Police Force," he said. "This was a serious, vicious and premeditated attack and this outcome should serve as a strong warning criminal behaviour will not be tolerated." The four extradited men arrived in Queensland on Friday and were due to face Brisbane Magistrates Court this morning. A fifth man will be extradited at a later date due to unrelated medical issues.

Raptor squad raid alleged Nomad bikie gang clubhouse in Sydney
Raptor squad raid alleged Nomad bikie gang clubhouse in Sydney

9 News

timea day ago

  • 9 News

Raptor squad raid alleged Nomad bikie gang clubhouse in Sydney

Your web browser is no longer supported. To improve your experience update it here An alleged Nomads' bikie club has been raided and dismantled in Sydney's south-west. The Raptor Squad in April commenced an investigation into the club's alleged illegal operation at a premises in Yennora. A search warrant was executed at on Friday, where police located 12 individuals allegedly identified as members and associates of the Nomads. The Raptor squad raid an alleged Nomad bikie gang clubhouse in Sydney (NSW Police) During the raid, officers located and seized ledgers, a quantity of cash, alcohol, and unlicenced bar equipment. (NSW Police) During the raid, officersv say they located and seized ledgers, a quantity of cash, alcohol, and unlicenced bar equipment. All individuals were issued warnings for consorting, and three defect notices were issued for two vehicles at the location, police said. A 41-year-old man was issued a Court Attendance Notice for possess or attempt to prescribe a restricted substance and will appear before Liverpool Local Court on July 9. Police located 12 individuals allegedly identified as members and associates of the Nomads. (NSW Police) Inquiries are ongoing under the Restricted Premises Act, Gaming and Liquor Administration Act and the Liquor Act with the potential for additional offences to be identified. national New South Wales Sydney crime CONTACT US Auto news:Is this the next Subaru WRX? Mysterious performance car teased.

Banora Point man may lose sight in one eye after acid attack, court told
Banora Point man may lose sight in one eye after acid attack, court told

ABC News

time3 days ago

  • ABC News

Banora Point man may lose sight in one eye after acid attack, court told

A court has heard a 59-year-old man remains in an induced coma and could lose his sight in one eye after his son allegedly attacked him with acid in northern NSW. Randall Perrin Laurie, 35, made a brief appearance in the Tweed Heads Local Court on Friday accused of causing grievous bodily harm with a corrosive fluid. The charge carries a maximum penalty of 25 years in jail. Emergency service crews were called to a unit on Darlington Drive, Banora Point, about 9.15am on Thursday after receiving reports of a domestic violence-related incident. Police will allege a 59-year-old man was found at the scene suffering serious injuries caused by acid. He was treated by NSW Ambulance paramedics before being flown to the Royal Brisbane and Women's Hospital in a serious condition. The 35-year-old man was arrested on Minjungbal Drive at Tweed Heads less than an hour later. Police applied to the court to seek DNA evidence from Mr Laurie as part of their investigation. In the Forensic Order Application tendered to the court, police allege the Mr Laurie bought a one-litre bottle of hydrochloric acid from a nearby hardware store about 8.50am on the day of the alleged attack. The 35-year-old is alleged to have asked a staff member, "does this burn you?" before saying someone had "poisoned his family" and he was going to "throw it on them". Police allege the man threw acid over his father's face and chest while shouting "get outside, I want to fight you, you dog". The older man has been placed in an induced coma, and doctors indicated he would lose all sight in his left eye. On Friday, defence lawyer Simon Enderwick told the court he had concerns about the accused man's ability to provide instructions to him, citing mental health concerns. The 35-year-old interjected throughout the proceedings, saying, "I don't want to go see a mental health or doctor please, if that's OK with you chief, lawyer". Bail was not applied for and formally refused. The matter is due to return to court on August 15.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into the world of global news and events? Download our app today from your preferred app store and start exploring.
app-storeplay-store