The Supreme Court of South Australia has upheld an $854,000 compensation payment for a man whose leg was broken as police arrested him more than seven years ago.
SA Police officers used capsicum spray and a "figure four leg lock" as they tried to arrest Matthew Charles Crossley on Bank Street in the Adelaide CBD in March 2013.
The leg lock manoeuvre, designed to restrain someone thrashing or kicking, left Mr Crossley's femur so badly broken that a 40-centimetre rod was inserted during surgery hours after the incident.
In February, the District Court ruled that the police officers had committed three acts of battery during the arrest and, in May, awarded Mr Crossley $700,000 in compensation for the "egregious" and "violent" arrest.
At the time, District Court Judge Sydney Tilmouth found the use of the leg lock to handcuff Mr Crossley was "unnecessary and excessive" because he was already restrained.
He added that Mr Crossley was entitled to resist the arrest because the officers' failure to explain their reasoning rendered it "unlawful".
More damages were added in July to bring the total to $854,313.
In an appeal to the Supreme Court, the State Government argued the officers had lawfully arrested Mr Crossley for disorderly behaviour.
Lawyers for the government argued that using pepper spray and the leg lock was lawful and justified in the circumstances.
But the court dismissed the appeal, on all grounds, in a judgement handed down this week.
In the reasons for the unanimous decision, Justice David Peek said the officers' actions "were unjustified and unlawful, irrespective of whether or not [Mr Crossley] had been properly informed as to the reason for his arrest".
"The judge was correct in finding that [Senior Constable] Lovell attempted to carry out a 'figure four leg lock' manoeuvre by applying his full body weight across the respondent's legs while bending and twisting his left leg at the knee and that this was inherently dangerous and unjustified," Justice Peek wrote.
An SA Police spokeswoman said it was "assessing the outcomes of the appeal and have no further comment to make".
In a hearing earlier this year, Mr Crossley said he used crutches for six months and a walking stick for a further three-to-four months after the injury but was otherwise left "basically bed-bound" most of the time.
He has suffered complications with the rod, walks with a limp and will require continued rehabilitation as part of his ongoing recovery.
Additionally, his treating psychiatrist said he experiences symptoms of PTSD, anxiety and depression.
Mr Crossley told the court he had not worked since the incident because he was "not physically capable".
https://www.abc.net.au/news/2020-12-25/man-secures-compensation-854000-broken-leg-police-arrest/13012778
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