Australia, June 16 -- New South Wales Land and Environment Court issued text of the following judgement May 16:

1. HIS HONOUR: The hearing of this matter commenced before me on Monday 12 May 2025. Mr Kuhsun appeared for himself without legal representation or any other form of assistance. That fact, among many others, assumed great significance in the events that have now occurred. This is explained in more detail in what follows.

2. However, it is important at this point to observe that on Tuesday 13 May 2025, following what I had anticipated might be the resumption of Mr Kuhsun's cross-examination, I formed the view that it was not possible in the interests of justice for the proceedings to continue. The precise status of that determination remains to be seen. It goes without saying that Mr Kuhsun is entitled to have his case heard and determined according to law. The mechanism by which that result can best be achieved, if it can ever be achieved, is a matter of some procedural complexity. This is also described in more detail below.

Background

3. Mr Kuhsun commenced these proceedings by summons filed on 8 February 2023 in which he sought the following relief:

"Particulars of the offences

1. Pursuant to s 13 of the Crimes Act 1914, Sun Kuhsun (aka Hadi Rassekhi Kazerooni) institutes these proceedings of the indictment for Assault against the First, Second, Third and Fourth Defendants who are Officers in the NSW Police Force. The times, places and details of the offence are in the Affidavit accompanying this Summons.

2. Pursuant to s 5 of the Crown Proceedings Act 1958 and s 8 of the Law Reform (Vicarious Liability) Act 1983, Sun Kuhsun (aka Hadi Rassekhi Kazerooni) holds the Fifth Defendant accountable.

Relief Claimed

1. That a Jury adjudge the First, Second, Third and Fourth Defendants did assault Sun Kuhsun (aka Hadi Rassekhi Kazerooni) and impose punishment as they deem appropriate and necessary.

2. That a Jury adjudge the Fifth Defendant to be vicariously liable and pay to Sun Kuhsun (aka Hadi Rassekhi Kazerooni) aggravated and exemplary damages of $AUD1,000,000.00 (one million Australian dollars) or as they deem to be fit.."

4. The summons was accompanied by an affidavit sworn by Mr Kuhsun on 16 January 2023 in which he describes the facts and circumstances that are said by him to support his claims for relief. Shortly stated, Mr Kuhsun related two important events. First, on 22 February 2018, Mr Kuhsun attended Merrylands Police Station in accordance with a bail reporting condition to which he was subjected. Mr Kuhsun says that on this occasion he was severely assaulted by police officers as the result of which he sustained serious injuries. Secondly, on 6 December 2018, Mr Kuhsun attended Fairfield Local Court. He says that he was again severely assaulted by police, this time in the bathroom, and sustained further injuries as a result. That brief summary should not be taken as a complete description of the things about which Mr Kuhsun complains. It is intended at this stage only to provide a compendious outline of the events that generated these proceedings.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196d6622bc3f2e9a4852efc1)

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