The Federal Court hears a judge being personally sued for wrongly jailing a man who was then assaulted while imprisoned, had subjected him to 'the grossest parody of a hearing'.
The Federal Court has heard a judge being personally sued for wrongly jailing a man who was then assaulted while imprisoned, had subjected him to "the grossest parody of a hearing".The Family Court overturned the jail sentence on appeal, describing it as a "gross miscarriage of justice"In a rare case, Salvatore Vasta, a judge in the Federal Circuit Court is being sued after jailing a Queensland man during a routine property settlement dispute with his ex-wife.
Mr Herzfeld said Judge Vasta erred in jurisdiction by jailing the man before first finding him guilty and allowing him to respond."Her catchphrase was always sentence first, verdict afterwards," Mr Herzfeld said.The court heard Judge Vasta told Mr Stradford he hoped he had brought his toothbrush and he "didn't care" that the man's wife did not want him jailed.
The plaintiff claimed he had an anxiety attack in a prison van where another detainee tried to strangle him.He is suing for about $2 million damages for deprivation of liberty and serious psychiatric injuries, which he said affected his ability to work.
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