A woman has been awarded $115,000 after a NSW Police officer pointed a gun at her chest, handcuffed her and pepper-sprayed her dog after she failed to stop her car despite being signalled to pull over | gmitch_news
In an interaction caught on the police dash camera, Senior Constable Christopher Hurtak can be seen running into the garage after her car with his gun drawn and held to his side. About 19 seconds later he is seen backing out of the garage, with his gun pointing towards Ms Owlstara's chest.
Ms Owlstara sued NSW Police in 2016 for false imprisonment, battery and assault, represented by Shine Lawyers. An initial ruling in the NSW District Court last year dismissed her claim, accepting the evidence of Constable Hurtak that he brandished his gun because he mistook the keys in her hand for a knife., the Court of Appeal set aside the District Court's decision and awarded Ms Owlstara $115,000. Police were also ordered to pay her court costs.
Constable Hurtak said he pointed his gun at Ms Owlstara because he thought he saw an 8cm to 10cm knife in her hand. He argued the arrest was necessary to prevent the fabrication of evidence and to stop her from offending further. Justice Meagher said "at least part of" Constable Hurtak's evidence of what unfolded during the 19 seconds in the garage "cannot be correct", because "it is simply not possible to fit into 19 seconds all of the conversation which the constable said took place".
Australia Latest News, Australia Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Woman stomped on in cafe by stranger 'turned abdomen away' to protect unborn baby, court hearsRana Elasmar tells a court she just wanted to protect her baby when Stipe 'Stephen' Lozina launched an unprovoked attack on her as she sat in a Western Sydney cafe.
Read more »
Woman jailed for six months for sneaking into WA on back of truck wins appealAsher Vander Sanden wins her appeal against a six-month prison sentence for breaching WA's strict quarantine laws after sneaking across the border inside a car being transported by a truck.
Read more »
Hung jury in murder trial for woman bashed and left in bush graveA WA Supreme Court jury is discharged after failing to reach a verdict in the trial of Stacey Wright who was accused of bludgeoning to death a 37-year-old woman she had met earlier that day.
Read more »
Woman charged with murder after man's body found in Sydney unitA woman charged with murdering her partner jumped in a taxi and took herself to a western Sydney police station.
Read more »
Sydney Swans player Elijah Taylor charged with aggravated assault of woman in hotelWeeks after being suspended for the season for breaching COVID-19 quarantine protocols, Sydney Swans rookie Elijah Taylor is charged with aggravated assault.
Read more »
Woman dragged from car in Melbourne arrest to be charged, police sayVictoria Police say they plan to charge a Melbourne woman with assaulting police after she posted a video of her arrest to social media showing her being dragged from a car by officers. 9News
Read more »