Australia, Aug. 26 -- New South Wales Land and Environment Court issued text of the following judgement on July 25:

1. In 2017 Mr Smyers was the subject of a complaint about an alleged sexual assault, to which police responded, with the result that he was arrested and charged under s 61I of the Crimes Act 1900 (NSW), a buccal swab was taken and he was refused bail by police. He was later granted bail by the Local Court, on conditions. The prosecution was eventually discontinued in July 2019.

2. In 2023 Mr Smyers brought these proceedings. By his November 2024 amended statement of claim he pursues damages of over $9 million for a psychiatric injury, as well as significant economic loss he claims he has suffered, including for the costs he incurred in defending the prosecution before it was dismissed, reputational damage, pain and suffering and extra-curial punishment for a matter which had been wrongly prosecuted.

3. Mr Smyers claims that the damages he had suffered were the result of police failings of which the prosecutor had been aware, arresting police officers not having had the requisite intent to prosecute the charge and the prosecuting officer having instituted and maintained proceedings against him without reasonable and probable cause. The results including that he was the subject of battery during his arrest, he had been falsely imprisoned and the proceedings had been maintained and prosecuted maliciously. Mr Smyers also pursues aggravated damages for the alleged malicious prosecution, as well as exemplary damages.

4. Mr Smyers' claims are all defended by the State. But the parties have still not yet served all their evidence and the matter, which has a 10-day estimate, has not yet been listed for hearing.

5. This judgment deals with the State's application for an order for security for costs, which Mr Smyers opposes, even though there is no issue that he now lives overseas and has no assets in the jurisdiction and that any order in favour of the State could not be enforced against Mr Smyers in Australia.

6. The motion is supported by affidavits sworn by Ms Ryan, a solicitor in the employ of the Crown Solicitor. She there explaining the matter's procedural history, which included the pursuit of particulars; Mr Smyers' pursuit of subpoenas for production of documents which were challenged by motion; an agreement in relation to a claim of legal professional privilege in respect of certain documents; the filing of the amended statement of claim; various orders which Mr Smyers did not comply with; and the parties' dispute about the provision of security for the State's expected costs.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1983b1e48cec7c958eb1b5d0)

Disclaimer: Curated by HT Syndication.