Woman pepper sprayed by police during mental health welfare check says officers 'should have just left'

Australia Broadcast Center

5 days ago

A woman who is suing the State of NSW over the actions of police officers who pepper sprayed her during a welfare check has insisted she did not act aggressively towards them "in any way".
Police attended the then-48-year-old's Western Sydney home in September 2021 after they were alerted to a reference to self harm she made on the phone to an insurance company.
The NSW District Court has heard that after being told she may be liable for $150,000 in damages from a police pursuit involving her son, she told a representative words to the effect of "I might as well just kill myself".
But she has given evidence that she called back and told the representative she did not mean it.
In footage from police body-worn cameras, the officers are heard telling the woman's ex-partner, who was at the house at the time, that they might need to take her to hospital under the Mental Health Act.
They tell the man that if they are not able to speak with her at the door, they will force entry.
The woman's lawyers say that from a balcony above, she had told them she was fine and to "f*** off".
Some officers entered by kicking the front door, while others scaled the balcony and went in through an unlocked bedroom, tasering her American Staffy.
That began a search which ultimately lasted for some 45 minutes and at one point involved a police helicopter.
The court heard she had run through a back door and was hiding in a neighbour's garden shed.
In defence documents, the State argues "no more than reasonable force was used during and following the plaintiff's detention", and barrister Matthew Gollan has told the judge the officers held a genuine belief the woman may have attempted to kill or injure herself.
Today, he cross-examined the plaintiff about the immediate lead-up to a burst of pepper spray — which was not recorded on the bodycam footage.
"Before the spray was used, when you pushed open the [shed] door, did you do that because you wanted to hide somewhere else?" he asked.
"No, I think I went into distress … I just wanted to be left alone, I was not suicidal in any way," the woman replied.
When asked whether police told her to get on the ground, she replied: "I think so".
Mr Gollan: "And you didn't?"
Plaintiff: "I don't recall that, I don't remember that."
Mr Gollan: "You stood your ground, somewhat defiantly?"
Plaintiff: "I was never aggressive to them."
Mr Gollan: "You weren't responsive to them, were you?"
Plaintiff: "Because I was in distress."
Mr Gollan: "You defiantly stood your ground, didn't you?"
Plaintiff: "No, I didn't."
During the cross-examination, the woman said that to have multiple police officers and a helicopter involved in the incident meant "all my neighbours looked at me like I was a murderer".
"Someone with mental health [issues], and you're supposed to trust the people in blue, why would they pepper spray me?" she said.
The woman has also expressed that she was fearful of police as a result of previous interactions, and felt that they had not "helped me much".
Large parts of the cross-examination involved detailed questions about the woman's mental health, which she said she was aware of as an issue since 2016.
But she told the judge that before the welfare check incident: "I was pretty good, like I was sad, but I was pretty good".
Mr Gollan suggested that as early as 2016, she had been urged to seek psychiatric help, but she disagreed that she had ever received a referral.
The hearing continues on Thursday.