MEJ’s Thomas Wallace-Pannell featured in The Examiner on Tasmanian capsicum spray arrest claim

MEJ Special Counsel Thomas Wallace-Pannell has spoken to The Examiner about a Tasmanian man who is suing the State over his arrest in 2023.

A statement of claim has been filed in the Tasmanian Supreme Court alleging the man was unlawfully arrested at his Scamander home in November 2023, after offering passive resistance to two officers. It alleges he was capsicum sprayed (also known as mace), kicked or stomped about the head, restrained in a prone position, and double-handcuffed.

As his lawyer, Tom is seeking aggravated damages, interest and costs. The claim alleges assault, trespass to property and battery, and says the man was left with ongoing injuries including chronic shoulder, back and neck pain, vision loss in his right eye and complex post-traumatic stress disorder.

A charge of resisting arrest was later dropped after a police sergeant described the use of capsicum spray and double handcuffing as “disastrous”. An internal police investigation found the officers did not use excessive force or breach the Code of Conduct, and Tasmania Police declined to comment. These are allegations only, and the claim is yet to be determined by the court.

Police have broad powers, but those powers are not unlimited. 

If you have been injured during an arrest or while in police custody, you may be able to seek compensation. Contact MEJ online or call 1800 570 778 for a free, confidential conversation.

Read the full story

Read Owen Sinclair’s reporting in The Examiner: Tasmanian man sues state for damages over ‘disastrous’ capsicum spray arrest