Latest news with #Nomchong
Perth Now
15-05-2025
- Perth Now
‘Grave concerns' in strip search case
A judge presiding over the case of a woman suing the state of NSW over a strip search at a popular music festival has told the court she has 'grave concerns' about the conduct of the defence, who admitted after two years the search was unlawful. Raya Meredith was made to undress in front of a police officer, lift her breasts, and remove her tampon during a 'humiliating' and terrifying strip search at the Splendour in the Grass music festival in 2018 that police later admitted was illegal. The then-27-year-old is the lead plaintiff in a class-action lawsuit brought by Slater and Gordon and the Redfern Legal Centre against the state of NSW on behalf of more than 3000 people likely subjected to illegal strip searches from 2016-2022. Ms Meredith's lawyer, Kylie Nomchong SC argued in her closing statements Tuesday and Wednesday that there was a failure on the part of 'senior echelons' of NSW Police to ensure proper training and supervision given to police doing searches. The state of NSW is being sued over a strip search of a woman. NCA NewsWire / Flavio Brancaleone Credit: News Corp Australia Julian Sexton SC, who is representing the state of NSW, pushed back on claims by Ms Nomchong about police training and the findings of a report by the Lessons Learned Unit (LLU) following a complaint after a 2013 Mardi Gras afterparty. Mr Sexton said the report, contrary to submissions by Ms Nomchong, did not represent an 'admission of widespread unlawful use of strip searches' or routine unlawful strip searches and instead only made 'recommendations about best practice'. He went on to tell the court that out of 172,000 searches in 2016, 3850 were strip searches. Resulting from those searches were only 79 complaints, four of which were sustained, with a further two sustained complaints the following year. 'This demonstrates that there was a decreasing number of complaints sustained. There were only five complaints sustained in the period up until November 2018. That doesn't indicate a widespread use of unlawful searches,' Mr Saxton said. He made similar claims about the 'very small number' of civil cases. Justice Dina Yehia said the defence case and state of NSW's admission that Ms Meredith's strip search was illegal were of 'grave concern' during Thursday's hearing. Justice Yehia told Mr Saxton before the lunch adjournment that 'the conduct of the proceedings in relation to the three iterations of defence that were initially relied upon, that is a matter, I'll be quite honest with you, of grave concern to me. 'All I have is three officers' statements that say either that they don't remember the search at all or both that they don't remember the search nor remember the plaintiff, the lead plaintiff in those circumstances,' she said, referring to Ms Meredith. The closing statements are now in their third day. NewsWire / Luis Enrique Ascui Credit: News Corp Australia 'I'm just not sure how this could ever have proceeded in the way that it did with the initial pleadings.' Mr Saxton said the admission about the legality of the search was 'more accurate to say it was an admission based on the absence of proof' and police may have based their recollections on 'practice' rather than specific memory. In response, Justice Yehia said: 'An assertion that the officer's assessment of the plaintiff's demeanour, physical appearance, body language and answers to questions while they spoke outside the tent is very specific.' Under NSW law, strip searches – which are recognised as being 'highly invasive and humiliating' – are supposed to be undertaken within specific statutory guidelines, including preconditions of 'seriousness and urgency' that they be done. Ms Nomchong told the court on Tuesday that not a single COPS event log contained why a strip search was necessary, and the general duties officers were 'defective in their understanding of the basis on which strip searches could be carried out'. 'They were not supervised. They were not trained. And, as a direct result, that is why my plaintiff was unlawfully strip searched … along with others who attended the music festival in 2018,' Ms Nomchong said in her more than six-hour statement. Resuming on Wednesday, Ms Nomchong urged the court to award exemplary damages 'not only to express the court's disapprobation but because of the manifest breaches of the (Law Enforcement Powers and Responsibilities Act) by searching officers'. Ms Nomchong went on to add 'but also because of the … manifest failures on the part of the senior echelons of the NSW Police Force responsible for both general and focus training for conducting strip searches' in the state at the time.
West Australian
14-05-2025
- West Australian
‘Senior echelons' of NSW Police's failure before woman's ‘humiliating' strip search: court
The 'senior echelons' of the NSW Police Force failed to properly train and supervise police officers before a woman's 'humiliating' strip search at a popular music festival that prompted a landmark class action lawsuit, a court has been told. Raya Meredith was forced to undress in front of a police officer, lift her breasts, and remove her tampon during a 'humiliating' and terrifying strip search at the Splendour in the Grass music festival in 2018 that police later admitted was illegal. The then-27-year-old is the lead plaintiff in a class-action lawsuit brought by Slater and Gordon and the Redfern Legal Centre against the state of NSW on behalf of more than 3000 people likely subjected to illegal strip searches between 2016-2022. Ms Meredith's lawyer, Kylie Nomchong SC, has argued in her closing statements, which continued on Wednesday, that there was an 'abject failure' on the part of NSW Police to ensure proper training and supervision given to police doing searches. Under the law, strip searches – which are recognised as being 'highly invasive and humiliating' – are supposed to be undertaken within specific statutory guidelines, including preconditions of 'seriousness and urgency' that they be done. Ms Nomchong told the court on Tuesday that not a single COPS event log contained why a strip search was necessary, and the general duties officers were 'defective in their understanding of the basis on which strip searches could be carried out'. 'They were not supervised. They were not trained. And, as a direct result, that is why my plaintiff was unlawfully strip searched … along with others who attended the music festival in 2018,' Ms Nomchong said in her more than six-hour statement. Resuming on Wednesday, Ms Nomchong urged the court to award exemplary damages 'not only to express the court's disapprobation but because of the manifest breaches of the (Law Enforcement Powers and Responsibilities Act) by searching officers. Ms Nomchong went on to add 'but also because of the … manifest failures on the part of the senior echelons of the NSW Police Force responsible for both general and focus training for conducting strip searches' in the state at the time. The state of NSW has maintained searching Ms Meredith's breast and genital area were 'objectively reasonably necessary', a claim Ms Nomchong described as 'outrageous' and claimed there was no 'no basis for the strip search in the first place'. She told Judge Dina Yehia that she would have to make factual findings in relation to Ms Meredith's pleadings in the case but admitted damages might be mitigated by changes since made by police – changes she said were available at the time, too. The state of NSW for 2½ years denied the search was unlawful. In her evidence, recited by Ms Nomchong on Tuesday, Ms Meredith said she remembered 'wanting to scream at her (the officer). I remember feeling disgusted that another woman was putting me through this. I was nauseated by this point. I felt like vomiting.' Ms Nomchong is seeking $5000 in damages for the 'pat down' as well as aggravated damages because of the 'colossal magnitude' of the contraventions made during the search, which was not lawful and 'breached nearly every safeguard'. She also alleged lawyers representing the state of NSW had issued a subpoena to Services Australia for Ms Meredith's entire medical history despite there not being a claim for personal injury damages, 'having the effect of intimidating the plaintiff'. 'The plaintiff's evidence was if 'I could have walked out of this case then and there I would have',' Ms Nomchong said. Much of Tuesday's hearing centred on what training was given to police, including at the police academy, in regard to the carrying out of strip searches as well as what Ms Nomchong claimed could have been done to avoid the contraventions. She told the court that plans had been drawn up in response to a complaint made following a 2013 Mardi Gras afterparty and an investigation by the Law Enforcement Conduct Commission as well as a sticker systems officers could have deployed.
Perth Now
14-05-2025
- Perth Now
Senior cops' ‘failure' before horror strip search
The 'senior echelons' of the NSW Police Force failed to properly train and supervise police officers before a woman's 'humiliating' strip search at a popular music festival that prompted a landmark class action lawsuit, a court has been told. Raya Meredith was forced to undress in front of a police officer, lift her breasts, and remove her tampon during a 'humiliating' and terrifying strip search at the Splendour in the Grass music festival in 2018 that police later admitted was illegal. The then-27-year-old is the lead plaintiff in a class-action lawsuit brought by Slater and Gordon and the Redfern Legal Centre against the state of NSW on behalf of more than 3000 people likely subjected to illegal strip searches between 2016-2022. Ms Meredith's lawyer, Kylie Nomchong SC, has argued in her closing statements, which continued on Wednesday, that there was an 'abject failure' on the part of NSW Police to ensure proper training and supervision given to police doing searches. The state of NSW is being sued over a woman's strip search at a festival in 2018. NCA NewsWire / Luis Enrique Ascui Credit: News Corp Australia Under the law, strip searches – which are recognised as being 'highly invasive and humiliating' – are supposed to be undertaken within specific statutory guidelines, including preconditions of 'seriousness and urgency' that they be done. Ms Nomchong told the court on Tuesday that not a single COPS event log contained why a strip search was necessary, and the general duties officers were 'defective in their understanding of the basis on which strip searches could be carried out'. 'They were not supervised. They were not trained. And, as a direct result, that is why my plaintiff was unlawfully strip searched … along with others who attended the music festival in 2018,' Ms Nomchong said in her more than six-hour statement. Resuming on Wednesday, Ms Nomchong urged the court to award exemplary damages 'not only to express the court's disapprobation but because of the manifest breaches of the (Law Enforcement Powers and Responsibilities Act) by searching officers. Ms Nomchong went on to add 'but also because of the … manifest failures on the part of the senior echelons of the NSW Police Force responsible for both general and focus training for conducting strip searches' in the state at the time. The state of NSW has maintained searching Ms Meredith's breast and genital area were 'objectively reasonably necessary', a claim Ms Nomchong described as 'outrageous' and claimed there was no 'no basis for the strip search in the first place'. At least 143 people were strip searched at the festival that year. NewsWire / Simon Bullard. Credit: News Corp Australia She told Judge Dina Yehia that she would have to make factual findings in relation to Ms Meredith's pleadings in the case but admitted damages might be mitigated by changes since made by police – changes she said were available at the time, too. The state of NSW for 2½ years denied the search was unlawful. In her evidence, recited by Ms Nomchong on Tuesday, Ms Meredith said she remembered 'wanting to scream at her (the officer). I remember feeling disgusted that another woman was putting me through this. I was nauseated by this point. I felt like vomiting.' Ms Nomchong is seeking $5000 in damages for the 'pat down' as well as aggravated damages because of the 'colossal magnitude' of the contraventions made during the search, which was not lawful and 'breached nearly every safeguard'. She also alleged lawyers representing the state of NSW had issued a subpoena to Services Australia for Ms Meredith's entire medical history despite there not being a claim for personal injury damages, 'having the effect of intimidating the plaintiff'. 'The plaintiff's evidence was if 'I could have walked out of this case then and there I would have',' Ms Nomchong said. Much of Tuesday's hearing centred on what training was given to police, including at the police academy, in regard to the carrying out of strip searches as well as what Ms Nomchong claimed could have been done to avoid the contraventions. She told the court that plans had been drawn up in response to a complaint made following a 2013 Mardi Gras afterparty and an investigation by the Law Enforcement Conduct Commission as well as a sticker systems officers could have deployed.
ABC News
05-05-2025
- ABC News
Young woman's strip search akin to 'sexual assault', court told
The young woman leading a class action over strip searches was subjected to a "degrading and humiliating" experience "akin to a sexual assault" by NSW Police at a music festival in 2018, a court has heard. WARNING: This article contains graphic content. Last month, the state of NSW made a dramatic backflip in the case, admitting police acted unlawfully when they searched Raya Meredith at the Splendour In The Grass music festival, ordering her to bend over while naked and remove a tampon. Her barrister Kylie Nomchong SC on Monday told the hearing her client would be making an additional claim for aggravated damages due to feelings of "hurt and distress" caused by police previously denying her account for more than two years. Kylie Nomchong SC said Raya Meredith was searched based on a drug dog sniffing in her direction. ( AAP: Regi Varghese ) Ms Nomchong told the court her client was subjected to "assault, battery and false imprisonment" during the search, and the only basis for it had been a drug dog "sniffing in [Ms Meredith's] direction". She said police did not follow the statutory safeguards that NSW parliament had put in place around strip searches. "She was not asked for her consent, she was questioned during the search, the search was not done in private," Ms Nomchong said. "She was asked to strip, expose all parts of her body, drop her breasts, bend over and expose her anus and vagina. "We say these things are akin to things that would happen during a sexual assault." 'Not an isolated' incident Ms Nomchong said that when Ms Meredith was following commands to bend over, "a male police officer walked into the cubicle unannounced and observed the plaintiff in this position". No drugs were found during the search and Ms Nomchong said Ms Meredith was left traumatised. She outlined the broader ramifications of the class action, which is believed to be one of the biggest ever brought against NSW Police. "This is an extraordinary story, but it is not an isolated one," she said. "There were many thousands of persons strip searched at festivals in the claim period," she said. Photo shows A photo of a man with a beard. New data obtained by the ABC has found First Nations and diverse communities were disproportionately represented in New South Wales police searches between 2020 and 2023. Ms Nomchong said the state of NSW had failed to adequately train officers on strict rules that surround strip searches, and then deployed large numbers of police to music festivals between 2016 and 2022 knowing and expecting a large number of searches would be conducted. She said the parliament had made it clear strip searches were only supposed to be used "in the most extreme of circumstances" but that was not the way they were being executed by NSW Police. "We say there was a pattern of conduct of NSW Police carrying out strip searches at music festivals as a matter of routine," she said.
