Bashing victims to sue police
Blacktown bashing victims Aaron Warnecke and Greg Harland say they will sue the NSW Police Force after the only man arrested over the May 2009 attack on them was found not guilty after a trial at Penrith District Court.
Harland, 28, and Warnecke, 22, were assaulted by men wielding beer bottles and metal poles outside the Seven Hills-Toongabbie RSL Cub after allegedly being called “faggots” and being lunged at inside the club.
Charges against the only man identified as a suspect in the attack, 22-year-old Brett McFadden of Lalor Park, were found not proven after a trial in Penrith District Court.
The officer initially put in charge of the case did not establish a crime scene, did not collect physical evidence and did not seek a statement from the victims until three days after the attack.
Harland and Warneke say any chance of justice they had was bungled from that point, and they are now considering legal action against NSW Police.
“Someone’s got to be held accountable here — someone’s got to be responsible,” Harland told the Star Observer.
“Our lives are never going to be the same.”
NSW Police GLBT corporate spokeswoman Supt Donna Adney has already given the couple an apology on behalf of the NSW Police Force for the way their case was initially handled.
“It was unacceptable. An appalling response — there is no other way to put it,” Adney told the Western Sydney forum on homophobic violence in March this year.
But Harland and Warneke, who have had to move since the attack and have been unable to work, say that apology won’t give them back their lives or justice.
“I’m looking after a partner with a brain injury that he’s going to have to live with for the rest of his life,” Harland said.
“We are going to sue the NSW Police and if there are any gay or lesbian solicitors or barristers who are competent in this area, we would appreciate it if we could get some information in that regard.”
Update: Sydney Star Observer has been contacted by the ABC’s 7.30 Report who are pursuing a story on Greg and Aaron’s case and would like to speak to other victims of homophobic violence in Sydney. If you’d feel comfortable sharing your story on camera email [email protected]
What amazes me is that in many police stations they have posters in the main foyer areas displaying words to the effect of, “Homophobic Violence will not be tolerated”. Talk about one thing laughing at the other. This, to me, just shows that there are many sworn and commissioned officers in the NSW Police Force whom are charlatans and hypocrits where these types of issues are concerned. If police want a good relationship with the community, they need to realise that many gay men and women have the same rights, well, so, I thought, in a democracy. I hope that the guys do sue the police as they have, in my view, deliberately and knowingly breached their duty of care towards these citizens, whom probably pay income taxes, which in turn, pay the police wages. Anybody who cannot do their job properly, that is, without being blinded by their own prejudices and biases, and do so without a pang of conscience, are weak, feeble-minded, insecure idiots whom should be brought before a Royal Commission and hopefully sacked – if justice was to be served. I have had my own issues with police in Newcastle and from my own unique experiences, I wouldn’t trust them as far as I could throw them. I cannot even elicit a response from them. I hope the time does not come when the police expect me to help them in some way because it just won’t be happening.
Lucien- Advocating against the Greens on moral grounds in other posts as they support Same-Sex Marriage, attacking people who have been bashed? Attacking people for supporting those who have been bashed. I think I see a pattern here Lucien.
Lucien- have you ever dealt with NSW police?
Lucien – what a racist rant.
i support you greg and arron 1000% ok love you ok
I have to disagree with Nathan…I have a lot to do with the police, have had since my business partner was murdered in 1994. There are good and bad in any corporation and lets face it the NSW Police Force is a large corporation. I certainly do not condone and am appalled by what the officer did in this case, and have seen other situations where officers could have done a better job…but they are human and I can assure everyone that homophobia is not obvious in my dealings with them, particularly in senior ranks. There are 15,000 police in NSW and as we don’t live in a perfect world, there have to be some who are not as bright as others.
My partner and I were bashed by a group of thugs in front of our house in Darlinghurst. I am not a legal professional and please dont take this as legal advice, but from our direct experience with police (who did not even bother to come out, and when we went there, were disinterested and actually hostile) I hope the following helps.
(And before being labeled as a ‘cop-hater’- I once had some respect for police, but after consistent experience of their laziness, incompetence, dishonesty, and stupidity, corruption, and having learned that the NSW local court system is skewed in their favour…)
Attempting the sue the police would be an action against the state (unless personally suing the officers themselves is possible?) The police union would almost certainly defend their own ‘brothers’ tooth and nail, with the full financial and political defence of the Keneally Govt and her police Minister Daly, and with no opposition from O’Farrell. And if you lose, there may be risk of massive costs against you, which would further and completely ruin both your lives.
Were the investigating police officers dismissed, disciplined, or even reprimanded for their incompetence? Only a pathetic little apology from Donna Adney. And her cheap words do not placate our community while her drug dogs and police continue to harass us at our bars and our parties.
Perhaps an appeal to a higher Court with a Judge (guaranteeing you get someone with a legal qualification and a brain) would be a better way. However, expect that the police will omit details in your favour, will twist facts, and will lie and lie and lie under oath, to protect their interests first, not yours.
Barristers and Solicitors in the gay community- please advise pro-bono. And the gay media- please keep reporting and ‘maintain the rage’ on this case (while the srt8 media remains silent). Media exposure is one thing the cops fear. And I will put my money where my mouth is- to donate to any ‘appeal-for-the-appeal’.
And Melissa November 17- 8.35 am- I hope you are not from Kelso’s law firm. And will Victim’s Compensation pay without a conviction?
Lucien, it’s true what you say, we wish better relations with Police we want to respect them but they won’t let us. And it’s true Lucien, we wish to love and help Aboriginal people but they wont let us. Recently, I was told to go back to England and threatened with a bashing, an old man approaching eighty years. It is no use complaining to Police either, judging from past experience they will use their weapons of ridicule and humiliation against me and do nothing.
I wish Nelson Mandela were here to sort out this basket of festering sores.
There needs to be a Bill of Rights for all Australians and a meaningful reconciliation from the Australian Government for Gay people.
Yes, there is still unresolved anger and resentment against the Police and their massarged Court system, resentment that has caused much suffering, and deep-set, incurable depression.
Please Jeff Kennett and Beyond Blue, don’t show your dismissive ignorance and say this type depression and humiliation can be cured so easily by seeing your local doctor. How can you fix a destroyed life? A pill and a Nanny Psychologist wont help us, it’s too great a hurt.
I was arrested 8 days after alleged threats of extreme violence towards father and two children during telephone calls. The interim ADVO application showed a victim complaint allegedly made at station to police. No statement from victim requested by my counsel. Police facts contradicted initial facts asserted interim ADVO. Coercion to make plea of guilty, in return ADVO varied to exclude the two children. The document not clear in writing under court rules, nor did I sight and sign or agree to amendments which were in the words of the solicitor. the ADVO was varied without Magistrate authority. Victim intimidated and threatened he had taped threats and would produce in court. I demanded solicitor provide evidence before I would plea. I was bluffed.
AVO served on “victim” cross application file document forged, dates incorrect, matter revoked in local court sought to be heard with this matter. Victims timing with hands in air, entered front of court room and proceeded to attacked my reasons, claiming vexatious cross application, he would seek costs. I stood before magistrate and tried to protect myself by indicating “where there is smoke, there usually is fire”.Error, Provacation, intoxication, one off call, false allegations. I was charged under the telecommunications act. Criminal record and AVO authorized 1 yr…
My 55 yr.. mother completed suicide 22 April 2009, falling to her death from the 17th floor balcony onto concrete below. I attended identification of her body, at the Goldcoast. Facial trauma shocking. My mom was hurt so bad. The pain was unexplainable. My world became a black cyclone of chaos and disorder. I was not coping. My soul was ripped violently thru my chest. I was angry at God.
n matter AVO contravene behavior of victim attending school immediately after court closure. My responsibility to collect kids on way home, common sense. Defendant excused as Magistrate could not find beyond reasonable doubt clause he was there to intimidate me. Magistrate indicated I was over sensitive, and rather emotional in proceedings, same Magistrate bought charges against me in previous matter, allowed him to walk on a family matter in criminal court. I was not included on documents written up 6 years earlier. High litigation family law proceedings (initiated by controlling father) not mentioned in hearing, financial out lay of approx. $40,000 and the matter had not been listed for mention.
During the chaos, the game playing and inconsistent applications to court rules. I was angry, humiliated. My emotions were raw and I felt exposed unprotected. 6 months on I decided to review the paperwork with fresh eyes the inconsistent information was generalized leaving out basic when, where, who, how, what time, witness statements investigation process and outcome etc I produced documentary evidence of perjury, deliberate obstruction of justice to obtain conviction etc NSW Ombudsman has denied an investigation into my complaint, as he believes I had redress to appeal the charges and sentence. My intentions are only to make the wrongs into rights. This is bullying, and intimidation with A solicitor, HR government and Police Officer abused their power and the system which is fundamentally applied to protect victims of Domestic Violence.
My basic human rights to privacy and a fair trial as an Australian citizen have been deliberately manipulated to ensure harm was inflicted on the future prospects of employment and depression. What had I done wrong?
I need a smart solicitor, who wants to assist my pursuit of justice “name and shame” lists in the best interests of the community. I want to sue the Labour Government of NSW.
As a hetro I can say that I have seen and experienced stupidity of this nature on several occasions. Police stupidity effects all of us. Anti-social levels of stupidity and people who like guns and power go hand in hand.
I think the recruitment policies need to be established by administrators outside the NSW Police. Half the police with twice the brains would do a much better job. Sadly most cops I’ve met are socially retarded and bloody minded.
However, I’m a white middle aged man. I can understand how a person in a minority might feel marginalised by coppers. But most police are far more stupid than they are bigotted. I also understand that these traits share a lot in common.
Lucien, we just want the police service to do its job.
If the GLBT community wants better relations with the NSW Police Service how is this antagonistic excercise going to help achieve that?
In reply to Lucien, your assertions are not true. I am concerned about violence. This assault didn’t happen in my suburb and I’m still outraged by it. Otherwise, I wouldn’t bother to comment. And I think the same applies to most people here.
Don’t make assumptions you can’t prove.
Aaron and Greg. Please go ahead and take legal action against the NSW Police. It will give some comfort to older gays who still remember the ugly, homophobic bashings and jailing dealt out by the Manly Police and corrupt Police Courts under the frightening Askin Government. Many of those Gays committed suicide or mysteriously disappeared over the cliffs of Manly.
I still recall those days with horror and after seventy years of nervous twitching and nightmares. There was no redress in those days as the Police went about destroying you life and career. We in long suffering Queensland support you.
It’s still a story that made the news because they were 2 WHITE men. How many people give a thought or a damn about the epidemic of violent crime in this nation’s remote aboriginal communities? All you urban dwellers who think the world ends at the end of your street!!!
Good luck guys, I know it wouldn’t be an easy case to win but doesn’t mean we shouldn’t try. The police need to be there to protect us no matter our orientation. If this happened to 2 straight people you can bet they would have worked a lot harder.
I tHink that the police officer in question should be named and shamed. Given that if the bashing victim was heterosexual or his son or daughter, action would have been swift. May I suggest contacting Today Tonight or A Current Affair to get this the publicity it deserves. Police officers are paid by NSW tax payers and when not doing their job correctly, should be held accountable. I’m sure if the officer in question was attacked, he would use all his “police power” to get justice, as well as a few “beatings” in the cell.
Disgraceful.
Yay so glad to hear this. I have lost total faith in our police force they have turned into homophobic louts themselves. Instead of arresting innocent people at beats, or arresting social drug users, perhaps they can invest in really protecting their community gay or straight from violence and theft instead of focussing on the issues that only serve up statistics. There are some really good coppers out there doing their jobs for the right reasons, however far too many are in it because they do not have any other career options. Lets clean up our police force and especially the management and their ideas of how to police the state of NSW – get rid of the homophobic management!! They tried cleaning up the police force once they need to do it again!!!!
My heart goes out to you both!
I bet if a cop was unlucky enough to be bashed instead, justice would be swift and thorough. As it is, it looks like it’s now open season on poofs and dykes.
Go get the bastards!
You go girls, you go!
On first glance, I may be difficult to bring an action against the police under the law of tort. It will be difficult to establish that the police owe a “duty of care” to victims when investigating a crime, furthermore, one would have to prove that their is injury caused by the failure of police to bring a strong prosecution case against the accused. The injury sustained by the victims were caused by the thugs and not the police, the out of pocket expenses occurred because of the attack was caused by the thugs and not the police. The best approach is that an internal investigation is pushed within the police force. The best cause of action would be against the thugs under the Intentional Tort of Battery. Just because a criminal case was not proved against Mr McFadden does not necessarily mean that a civil action against him would fail. The onus of proof is reversed in a civil action from a prosecution i.e. in a civil action the defendant has to prove that he or she did not cause the injury as opposed to criminal prosecution where the Crown has to prove guilt. I personally would launch a civil action against the thugs, however even that could be fruitless if they do not have any assets/ money if judgment was awarded against them. Another option is Victims of Crime Compensation, however that may only happen if charges and a verdict were found (not too sure about that).
Again, I am horrified that this occurred, disgusted in the lack of interest from the NSW Police and the Legal System, who have unfortunately failed again. Victims of Crime will pay compensation, regardless of not guilty verdict, Kelso’s law firm specialise in these types of claims.
Hats off to Aaron & Greg for taking this to the next level. If this was a Heterosexual bashing I’m sure the Police would’ve established a crime scene and the perpetrator would’ve been found guilty.
I understand the NSW Police are over worked and understaffed, but either way their job still has to be done and in this case it clearly wasn’t judging by this article.
Homophobic violence seems to be showing it’s ugly head again, not just in the Western Suburbs but also in Sydney, if it takes these two young men to sue the Police force to get their act together and do their jobs properly so be it. If the Police force treated Gay bashings with the respect that the victims deserve it might send a clear message out to any meat heads that think it’s cool to bash a gay man or lesbian, that it’s not cool and they will be punished for it.