The police case against Rickey Caton started when he was forcibly arrested by two officers in New South Wales, Australia,
after jokingly producing a toy dinosaur during a roadside car stop.
It ended on Friday when a magistrate ordered the police force to pay
more than $100,000 in legal costs after finding the matter should never
have gone to court.
The police are facing even more financial pain over the ill-judged
prosecution, with Mr Caton and his friend set to launch a claim for
hundreds of thousands of dollars in damages for assault, wrongful arrest
and malicious prosecution.
"The [police] proceedings should not have been brought," Magistrate Mark
Douglass told Kiama Local Court on Friday, as an inspector from the
police force's Professional Standards Command looked on.
"The prosecutor failed to reasonably investigate relevant matters ...
which might have suggested that the accused was not guilty."
The magistrate was referring to the evidence of the third officer
present on the night of the arrests, Lucie Litchfield, who said that far
from assaulting police as her colleagues had claimed, it was Mr Caton
and his friends who had been the victims of aggression.
Ms Lichfield said that when police stopped Mr Caton and his mates in
Queanbeyan in late December 2013 and asked if they had any weapons, the
local father had cheekily
pulled out the toy and declared "I've got a dinosaur – roaaaar!".
She said one of the officers, Senior Constable Todd Finnegan, had
subsequently forced Mr Caton from the car, pushed him to the ground and
handcuffed him.
Her other police colleague, Senior Constable Patrick Hicks, had then
crash-tackled Mr Caton's friend, Adam Antram into a retaining wall.
The police prosecutors in the case were aware that Ms Litchfield had
contradicted her colleagues' version of events, but they failed to
question her about it and continued with the prosecution.
On Friday Magistrate Douglass described her evidence as "cogent and
compelling".
Ms Lichfield said that the magistrate's comments had been "extremely
satisfying".
"If the police had done their job properly they would have questioned me
about my evidence before it went to court," she said.
Ms Lichfield says she was subjected to bullying and isolation at work
after blowing the whistle and has since resigned from the force.
Magistrate Douglass upheld the application for legal costs by Mr Caton's
barrister, Steven Boland, ordering the police to pay more than $100,000
after finding that the prosecution had been conducted in an
"unreasonable manner".
The police had strenuously opposed the costs application.
Mr Caton and Mr Antram are expected to file civil claims next week
against NSW Police in the District Court.
It is understood that the men will claim that the police committed the
civil tort of "trespass to a person" during the arrest and then
concocted the assault claims in a bid to cover up their behavior.
The men are expected to allege that police then pursued a malicious
prosecution, deliberately ignoring the evidence of Ms Lichfield that
contradicted her fellow officers' claims.
The matter is now believed to be the subject of an internal police
investigation involving the Professional Standards Command.
