Slater and Gordon’s priority remains to secure a settlement between the State of NSW and the thousands of festival goers involved in the Strip Search class action as quickly as possible.
After the Supreme Court of NSW last month found that lead plaintiff Raya Meredith’s search was unlawful, the State of NSW has now signalled an intention to appeal the judgment.
Slater and Gordon Senior Associate in Class Actions, William Zerno, said:
“There were thousands of others who were searched in similar circumstances to Raya.
Hundreds of those searches occurred at the same festival Raya attended and were undertaken by the same police officers.
“It is a matter for the State to explain why it is arguing that searches undertaken on the same basis as Raya’s were lawful when it admitted the unlawfulness of Raya’s search.
“Furthermore, they did not put a single police officer on the witness stand during trial to defend the practice.
“An appeal against this judgment will only delay justice being served for thousands of festival goers.
“And it will ultimately cost the State more if it does not resolve its liability now.”
Slater and Gordon notes that in its response to the recommendations from the NSW Drug Summit, the NSW Government stated it is not ‘operationally feasible’ to adopt a model which requires police to suspect drug supply (but not possession) before carrying out a strip search.
However, the judgment made clear that in a festival setting, a drug dog indication, or mere suspicion of drug possession, was insufficient to provide a lawful basis for a strip search.
“If the NSW Police Force truly believes its current powers are not operationally feasible, then the appropriate path is to seek a legislative change through Parliament and not to act outside the scope of the law.
“The fact the NSW Government is filing a notice of intention to appeal does not render the judgment any less effective.
“The Supreme Court has made clear in this judgment the significant limitations on the exercise on the police powers to conduct strip searches.
“Unless and until such time as that judgment is overturned by an appeal court, the NSW Police would be ill advised to act against it,” Mr Zerno said.
Statement from Lead Plaintiff, Raya Meredith:
“I find it very disappointing that despite the years of due diligence, research, and fact-checking that went into my judgement – a judgment that ruled my strip search by NSW police officers as unlawful, that the NSW Government is arguing that searches undertaken in the same circumstances as mine are lawful.
“The others in this class action deserve to have their cases heard and settled without further delay. It’s a needless waste of resources, and with the music festival season underway in NSW, I’d hate to think that the abuse of these extreme powers by police that I experienced might continue under a scenario where NSW Police appealed this judgement.
“It’s time that what is due is paid, apologies are made, and a clean slate imparted. A promise from the NSW Police to train themselves on what necessity and urgency means when it comes to a strip search, and a promise from the NSW Government to see that this is upheld forevermore, so that future music festival goers in NSW can attend safely without the concern of the high possibility a uniformed officer will make them remove their clothes and their rights,” Ms Meredith said.
Redfern Legal Centre Supervising Solicitor Sam Lee said:
“With the festival season approaching, we urge the police to ensure that all strip searches are conducted strictly in accordance with the law.
“This includes properly briefing and training officers on their powers and the legal safeguards that protect anyone subjected to a strip search.
“Unless and until such time as an appeal is determined in their favour, the judgment remains law and police must comply with it.”
