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NSW urged to stop strip-searches of young people after court ruling spotlights police conduct NSW urged to stop strip-searches of young people after court ruling spotlights police conduct
(about 7 hours later)
Supreme court rules police suspicion that a person is in possession of a prohibited drug ‘is not sufficient to conduct a strip-search’Supreme court rules police suspicion that a person is in possession of a prohibited drug ‘is not sufficient to conduct a strip-search’
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Advocates are calling on the New South Wales government to scrap strip-searches of young people altogether, saying a landmark court ruling found “systemic” issues with the way police have been using their powers.Advocates are calling on the New South Wales government to scrap strip-searches of young people altogether, saying a landmark court ruling found “systemic” issues with the way police have been using their powers.
Justice Dina Yehia handed down her findings in the NSW supreme court on Tuesday in a class action brought by Slater and Gordon Lawyers and the Redfern Legal Centre against the state of NSW.Justice Dina Yehia handed down her findings in the NSW supreme court on Tuesday in a class action brought by Slater and Gordon Lawyers and the Redfern Legal Centre against the state of NSW.
The case alleged the vast majority of strip-searches conducted at music festivals between 2016 and 2022 – some of which involved children – were unlawful.The case alleged the vast majority of strip-searches conducted at music festivals between 2016 and 2022 – some of which involved children – were unlawful.
Yehia ruled that police suspicion that a person has a prohibited drug in their possession “is not sufficient to conduct a strip-search”.Yehia ruled that police suspicion that a person has a prohibited drug in their possession “is not sufficient to conduct a strip-search”.
But data shows this has been the major reason for police to carry out strip-searches across the board. Of the strip-searches conducted by police in the 2018-19 financial year, 91% were based on suspicion that a person possessed prohibited drugs, according to a 2019 University of NSW report that was commissioned by the Redfern Legal Centre.But data shows this has been the major reason for police to carry out strip-searches across the board. Of the strip-searches conducted by police in the 2018-19 financial year, 91% were based on suspicion that a person possessed prohibited drugs, according to a 2019 University of NSW report that was commissioned by the Redfern Legal Centre.
Yehia noted in her judgment that while police can carry out a pat-down search based on the reasonable suspicion of drug possession, escalating this to a strip-search requires the circumstances to be necessary, urgent and serious.Yehia noted in her judgment that while police can carry out a pat-down search based on the reasonable suspicion of drug possession, escalating this to a strip-search requires the circumstances to be necessary, urgent and serious.
Sam Lee, a senior solicitor involved in the class action with Redfern Legal Centre, said the judgment could pave the way for people who are strip-searched to take legal action – and not just those at music festivals, but more broadly.Sam Lee, a senior solicitor involved in the class action with Redfern Legal Centre, said the judgment could pave the way for people who are strip-searched to take legal action – and not just those at music festivals, but more broadly.
“What this judgment says is that the current practice has been unlawful, and not just by one officer, but at a systemic level,” she said.“What this judgment says is that the current practice has been unlawful, and not just by one officer, but at a systemic level,” she said.
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Yehia found that a 2018 strip search of the lead plaintiff, Raya Meredith, was unlawful after a drug dog sniffed in her direction while she was walking into Splendour in the Grass. Meredith, who was then 27, was taken by police into a makeshift tent where she was told to strip and remove her tampon. While she was bent over during the search, a male police officer walked in.Yehia found that a 2018 strip search of the lead plaintiff, Raya Meredith, was unlawful after a drug dog sniffed in her direction while she was walking into Splendour in the Grass. Meredith, who was then 27, was taken by police into a makeshift tent where she was told to strip and remove her tampon. While she was bent over during the search, a male police officer walked in.
It is yet to be determined what the lead plaintiff’s win will mean for the rest of the more than 3,000 members of the class action.It is yet to be determined what the lead plaintiff’s win will mean for the rest of the more than 3,000 members of the class action.
The NSW police minister, Yasmin Catley, said it was difficult to “put a number on” on how much the state could owe in compensation against the group members because they did not yet know how many people would come forward with a claim.The NSW police minister, Yasmin Catley, said it was difficult to “put a number on” on how much the state could owe in compensation against the group members because they did not yet know how many people would come forward with a claim.
Lee is calling for the NSW government to follow the ACT’s lead and cease police powers to strip-search people under 18, unless there is a court order for them to do so.Lee is calling for the NSW government to follow the ACT’s lead and cease police powers to strip-search people under 18, unless there is a court order for them to do so.
“If they don’t change the legislation and police continue on with the same practice, then the state is going to be up for more money,” Lee said.“If they don’t change the legislation and police continue on with the same practice, then the state is going to be up for more money,” Lee said.
The NSW Greens spokesperson for drug law reform, Cate Faehrmann, backed Lee’s calls for an end to the strip-searching of children.The NSW Greens spokesperson for drug law reform, Cate Faehrmann, backed Lee’s calls for an end to the strip-searching of children.
She said legislation should also expressly prohibit police from strip-searching people on the suspicion of minor drug possession because she did not have “any faith” police won’t continue this practice following the judgment. Faehrmann said the Greens were working on bill to propose this.She said legislation should also expressly prohibit police from strip-searching people on the suspicion of minor drug possession because she did not have “any faith” police won’t continue this practice following the judgment. Faehrmann said the Greens were working on bill to propose this.
“The Greens are offering to work constructively with the Minns government to support sensible laws on this issue, which must start at the very least with banning strip-searches on children,” she said.“The Greens are offering to work constructively with the Minns government to support sensible laws on this issue, which must start at the very least with banning strip-searches on children,” she said.
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The Greens are also calling for strip-searches and drug dogs to be banned at music festivals.The Greens are also calling for strip-searches and drug dogs to be banned at music festivals.
Meredith, the lead plaintiff, was awarded $93,0000 in damages, which included $43,000 in compensation and $50,000 in aggravated damages. She was also entitled to exemplary damages, but this figure has not yet been determined.Meredith, the lead plaintiff, was awarded $93,0000 in damages, which included $43,000 in compensation and $50,000 in aggravated damages. She was also entitled to exemplary damages, but this figure has not yet been determined.
Jeremy King, a lawyer in Victoria specialising in police accountability, said this was a “pretty extraordinary finding”.Jeremy King, a lawyer in Victoria specialising in police accountability, said this was a “pretty extraordinary finding”.
“You often see poor conduct by police in matters such as these, but rarely judges act on that,” he said.“You often see poor conduct by police in matters such as these, but rarely judges act on that,” he said.
Asked on Wednesday afternoon if she thought Meredith deserved an apology, Catley said: “Yes, I apologise. What happened to Ms Meredith, the police have already acknowledged, was unlawful. It should not have happened to her.”Asked on Wednesday afternoon if she thought Meredith deserved an apology, Catley said: “Yes, I apologise. What happened to Ms Meredith, the police have already acknowledged, was unlawful. It should not have happened to her.”
NSW’s new police commissioner, Mal Lanyon, told reporters on Wednesday that police had changed their practices since 2018, when Meredith was strip-searched.NSW’s new police commissioner, Mal Lanyon, told reporters on Wednesday that police had changed their practices since 2018, when Meredith was strip-searched.
He said one of the main reasons police strip-search in general is to search for weapons.He said one of the main reasons police strip-search in general is to search for weapons.
Meanwhile, at music festivals he said police searches were focused now on the supply of prohibited drugs. Meanwhile, at music festivals he said police searches were focused now on the supply of prohibited drugs.
“We have seen the terrible toll that drugs take at music festivals. We’ve seen young lives lost, and I think it’s really important, as I said, that we do have sniffer dogs as a tool,” he said.“We have seen the terrible toll that drugs take at music festivals. We’ve seen young lives lost, and I think it’s really important, as I said, that we do have sniffer dogs as a tool,” he said.