Strip search appeal could trim festival-goers’ payments
Festival goers who were unlawfully strip-searched could lose thousands in compensation as police appeal a landmark court ruling.
In October, the NSW Supreme Court awarded Raya Meredith $93,000 in damages after police forced her to remove her clothes and tampon during a drug search at the 2018 Splendor in the Grass festival in Byron Bay.
More than 3,000 people will also be able to receive compensation after signing up to Ms Meredith’s class action, which is being carried out by law firm Slater and Gordon.
NSW Police has launched an appeal, which will be heard in the NSW Supreme Court on Thursday, as it seeks to reduce the amount it may have to pay.
“This isn’t about drugs, it’s not about protecting people from drugs, it’s largely about reducing the compensation the court orders them to pay,” Slater and Gordon practice group leader Rory Walsh told AAP.
“Reducing damages or compensation will also indirectly reduce their liability to other group members.
“The compensation amounts at the individual level are moderately small and people are coming forward in principle because they are disturbed by the abuse of police powers and want to challenge it.”
NSW Police Commissioner Mal Lanyon defended the strip search as a “valid tool” used by police but had previously apologized to Ms Meredith.
Police also changed their music festival strategy; “Gone are the days of young people attending festivals and being beaten by drug dogs and police,” Inspector Paul Dunstan told the live music investigation.
Mr Walsh welcomed the change and accepted that NSW Police had the right to appeal the decision, but called on their lawyers to engage constructively with Slater and Gordon to resolve the class action claims.
“Once this appeals process is complete and they acknowledge that they have changed their approach, it is time to put this sad history behind us,” he said.
“We are acting on behalf of a very motivated group of people who accept that there is an abuse of police powers and who take the stand that for many people it is a very humiliating and unnecessary experience.”
Redfern Law Center deputy chief solicitor Samantha Lee said it was time for the government to do the right thing and provide people with the compensation they deserve.
“The decision made clear that these powers should be used lawfully and only as a last resort,” he said.
NSW Police said it would be inappropriate to comment on the matter while it remains before the courts.
