Rachel Gardner's damages fell well short of what she sought. Source: DailyTelegraph
Rachel Gardner outside the District Court after she was awarded $243,591 in damages from NSW Police. Picture: AAP Source: AAP
A SYDNEY woman has been awarded nearly $250,000 after a judge found a police officer used excessive force in kicking her legs out from under her, fracturing her knee, during a clash over a train ticket.
The District Court judge on Friday also ruled that Sergeant Craig Sands had no intention of charging Rachel Gardner for the offences he claimed he arrested her for.
Instead, he dropped her at another train station, where she made her own way home and called an ambulance.
The state of NSW, as Sgt Sands' employer, has been ordered to pay Ms Gardner, a 36-year-old Sydney arts student, $243,591 damages for her ordeal.
She had sought up to $750,000 for the injuries, humiliation, anxiety and loss of social status.
Ms Gardner was on a train to Cronulla on March 13, 2011, when a transit officer found her and two friends, Samantha Golsby and Hamish Rawcliffe, without tickets.
The friends had earlier in the day been at an equal rights march and a party in Miranda.
According to the judgment, police were called to the station to meet the transit officers at Cronulla.
Things went awry when Mr Rawcliffe objected to not being allowed to accompany girlfriend Ms Golsby to the toilet instead of a transit officer.
A scuffle broke out and Ms Gardner intervened.
She claimed that when Sgt Sands arrived, he told her to "go sit over there" but then said "stuff this", and kicked her legs out from under her.
Evidence from a doctor, detailed in the judgement, showed Ms Gardner suffered a fractured knee.
Sgt Sands said he executed an approved procedure, known as a "leg sweep", but it didn't involve kicking.
Ms Gardner claimed police then told a state transit officer to sit on her as she lay face down on the ground.
CCTV footage showed during an earlier court hearing depicted Ms Gardner limping along the platform after she and her friends accepted transport to Sutherland station.
But Judge Sharron Norton stated in her judgment, Sgt Sands was reluctant to admit any limp.
"He was not the only police officer who felt unable to make this relatively simple concession," she wrote.
Ms Norton stated the police evidence had "problematic aspects", including a lack of a proper record about the train station incident.
She found Sgt Sands did not intend on charging Ms Gardner with any of the offences, including hinder police, that he claimed he arrested her for.
The arrest was unlawful and there was no justification in Sgt Sands' leg sweep, Ms Norton found.
The officer also used excessive force.
A doctor gave evidence that Ms Gardner was likely to develop post-traumatic osteoarthritis from her knee fracture.
In a statement to the court, Ms Gardner said she felt humiliated and distrustful of authority.
Ms Norton ordered Ms Gardner be paid $243,591 in damages plus interest, for future medical costs, economic loss and assault damages.
Outside court, Ms Gardner's solicitor Penelope Purcell said her client was pleased with the result.
"She feels vindicated by the judgment," she said.
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