Nurse who had a GUN pulled on her by the police and watched in horror as the police sprayed her dog after a 3km low speed chase gets $ 115,000 in compensation
- Lydia Owlstara was arrested for driving an unregistered and uninsured vehicle
- She was followed for about two miles by a police car in southwest Sydney
- Senior Constable Christopher Hurtak pulled out his gun when he arrested a woman
A middle-aged NSW woman was given $ 115,000 after police pulled a gun at her and sprayed her dog with paprika after a low-speed chase.
Lydia Owlstara was arrested in 2013 for driving an unregistered and uninsured vehicle, without a permit, and for failing to stop for the police.
She had been followed by a police car in southwest Sydney for about two miles, until she pulled into her driveway in Douglas Park and stopped in her garage.
Lydia Owlstara was arrested in 2013 for driving an unregistered and uninsured vehicle, without a license, and for failing to stop for the police
The highway police officer, Senior Constable Christopher Hurtak, ran into the garage with his gun drawn and ordered her to leave her car, knowing she was alone and “ neither young nor limber, ” said NSW Court of Appeal Justice John Basten in a judgment published Tuesday.
“At his direction, she walked to the back of her car, moving backwards away from her, his gun pointed at her chest,” he added.
“He then told her to face the car while he held her hands cuffed behind her back.”
Ms. Owlstara was released on bail after approximately six hours in custody.
During that time, she was being treated for vomiting by an ambulance officer, which the appeals court may have contributed by the officer who aimed capsicum spray on her dog.
During the court proceedings, Sen. Const Hurtak claimed he thought Ms. Owlstara was holding a knife, but the appeals court found that at least some of his account of the garage events could not be correct.
The highway police officer, Senior Constable Christopher Hurtak, ran into the garage with his gun drawn and ordered her to leave her car, knowing she was alone and “ neither young nor limber, ” said NSW Court of Appeal Justice John Basten
“It’s just not possible to fit in 19 seconds the entire conversation that the officer said took place between him and the appellant after he opened the car door,” Judge Anthony Meagher said.
Judge Basten said the circumstances were no reason to aim the gun at Ms. Owlstara’s chest or put on her handcuffs.
Mrs. Owlstara, a trained nurse, had returned home the previous day after caring for a terminally ill friend in Muswellbrook for months.
She pleaded guilty to driving an unregistered and uninsured vehicle in 2014 while unlicensed, and did not quit when asked. A magistrate accepted her pleas, but dismissed the charges.
She later filed claims against the state for assault, injury and false incarceration.
The appeals court on Tuesday ordered the state government to pay Ms. Owlstara $ 115,000 in damages, overturning a previous district court decision.
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