Couple receives landmark compensation payout for police shooting

Date: Dec 07, 2019

News reports indicate that Victoria Police have recently agreed to a major compensation payout, described by multiple outlets as being among the “most significant” ever paid out by that police force, for a young couple that was shot at during a raid at Inflation nightclub in July 2017.

Background of the case

The young couple, ages 35 and 37, were at an “erotic fancy dress party” at the nightclub when the raid occurred. The man, 35, was carrying a toy pistol as part of his costume.

During the raid, the man and his partner were surrounded by the Critical Incident Response Team on account of the toy gun and then fired at. The male plaintiff suffered a gunshot to the back, as well as other injuries, while the woman, 37, was shot in the leg. The raid occurred in early July, 2017.

A police investigation found that the officers involved were acting in self-defence. However, Victoria’s Independent Broad-based Anti-corruption Commission (IBAC) disagreed with that conclusion, noting that the Victoria Police had failed to conduct a proper review of the incident before reaching their final judgments.

The commissioner of IBAC, while speaking with one news source, noted that this created “potential ongoing risks to members of the public and Victoria Police”.

The couple argued that the incident response team was negligent in their duties and had used excessive force in opening fire so quickly. Additionally, in an earlier hearing, the Supreme Court ruled that the police had to make available all emails sent and received by the officers involved in the incident, some of which were said to include details pertinent to officer behaviour in the case.

A settlement was finally reached between the couple and the police on day three of a Supreme Court trial, and following that the plaintiffs agreed to drop their case. Also involved in the case is the owner of the nightclub, who was also suing the Victoria Police, and also received a payout as part of the settlement.

What was the payout?

Because of the terms of the settlement, the size of the payout is officially confidential. However, most reports on the settlement note that all parties involved acknowledged it as very “significant”, with one report indicating that the payout may be as high as $3 million.

If you need a consultation for help with a compensation claim of your own, please contact Gerard Malouf and Partners Compensation, Medical Negligence & Will Dispute Lawyers. With decades of collective experience in every manner of legal claim, our team of experts can offer you guidance like no others.

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