After a decade of fighting for justice, a Perth couple wrongfully tasered by police during a night out in Fremantle have defeated a final attempt by the state government to withhold compensation.
Robert Cunningham and Catherine Atoms were outside the Esplanade Hotel in the early hours of November 2, 2008 when they saw a group of men falling into a garden bed and tried to help.
Robert Cunningham and wife Catherine Atoms.Credit:ABC News
But police believed they were causing a disturbance and the couple were tasered during a scuffle.
The University of WA associate professor of law and Ms Atoms sued the state and the three officers involved, Peter Clark, Simon Traynor and Glenn Caldwell, and were awarded $1.1 million in damages.
The 2016 civil trial found the officers were liable for battery, misfeasance in public office, false imprisonment and malicious prosecution.
It was also found the conduct caused the couple to suffer post-traumatic stress disorder and a back injury to Ms Atoms.
The couple, however, had not yet received the pay out due to a pending state government appeal.
That appeal was thrown out on Friday.
It follows the three police officers involved also losing a previous appeal against the damages payment.
The three police officers have been cleared by WA Police of any wrongdoing.
Parliamentary Inspectors of the Corruption and Crime Commission have previously called police internal investigations into the incident "demonstrably flawed", however a CCC investigation was never launched and criminal charges against the officers was never pursued.
Outside court on Friday, Ms Atoms released a statement saying she hoped today's decision would motivate the state to correct its institutional responses to allegations of serious misconduct.
"We should focus on building communities and keeping harmless people out of reach of the criminal justice system," she said.
"For the social and economic benefits, I support the State to adopt a justice reinvestment strategy."
Professor Cunningham noted: “It will remain a costly exercise and a great concern to Western Australian citizens if the State’s role in justice and the rule of law is consigned only to civil procedures.”
Maurice Blackburn principal Phil Gleeson said of the decision: "After so many years trying to resolve this matter, it can only be hoped that the defendants will now accept the court’s decision and allow my clients to move on with their lives.
“They only took on the civil suit after many years of trying to have authorities investigate and address their wrongful arrest and the police behaviour on that night.
“The damages awarded to them by the District Court is a reflection of the profound effect this incident has had on my clients and there is now an opportunity for the State Government to draw a line under this matter."
Heather McNeill is a Fairfax Media journalist based in Western Australia with a passion for covering breaking news, crime and courts and Aboriginal affairs.
Most Viewed in National
Please explain
Our weekly podcast giving you insight into the stories that drive the nation.
Listen now