Friday, January 24, 2014

Sydney woman gets $243,000 for leg broken by NSW cops



A Sydney arts student has won more than $243,000 in damages after a scuffle with police ended with her leg broken.

Rachel Gardner sued the state of NSW, claiming she was attacked by NSW Police officers after being caught without a train ticket at Cronulla Railway Station in Sydney's south on March 13, 2011.

Ms Gardner claimed Sergeant Craig Sands kicked both her legs out from under her, breaking her right leg.

The 36-year-old also claimed police directed a transit officer to sit on her as she lay on the ground.

Police then loaded her into a paddy wagon and dumped her at another train station in the Sutherland area.

She had sought damages of up to $750,000 for the injuries, humiliation, anxiety and loss of social status.

In a judgment delivered on Friday, Judge Sharron Norton ordered the state of NSW pay the student $243,591 in damages, plus interest.

Outside court, Ms Gardner's solicitor Penelope Purcell said her client was very pleased with the result.

"She feels vindicated by the judgment," she said.

Asked whether she was looking forward to returning to studies, Ms Gardner replied "absolutely".

During a court hearing last year, the Crown argued Ms Gardner's level of intoxication, as perceived by Sgt Sands, should be considered.

However, Ms Gardner's lawyer claimed the police officer's actions were intentional and intended to cause injury.



http://news.smh.com.au/breaking-news-national/sydney-woman-gets-243000-for-broken-leg-20140124-31crx.html

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