CONTENT WARNING: This article contains distressing content.
A woman who NSW Police illegally strip-searched at Splendour In The Grass 2018 has been awarded $93,000 in a landmark case that lawyers say “is the largest class action to have been brought against any police force in Australian history”.
On Tuesday, the NSW Supreme Court found that police “did not have reasonable grounds” to subject Raya Meredith, who was 27 at the time, to a strip search at the Byron Bay festival, the Australian Associated Press reports.
Officers had argued the search was justified as a drug dog had sniffed in Meredith’s direction, a conclusion Supreme Court Justice Dina Yehia said was “entirely wrong”.
According to ABC News, Meredith, from Sydney, was asked by a female officer to remove her underwear and tampon in a makeshift inspection area of open cubicles. While naked, a male officer entered the space to return a bag.
While being interrogated and inspected by a female officer, a male officer walked in to return a bag while Meredith was naked.
Police found no illegal substances or prohibited items in their search.
Following the traumatic ordeal, Meredith became lead plantiff in a class action lawsuit involving 3,000 people searched by police officers at music festivals across the state.
In May, Meredith’s barrister, Kylie Nomchong SC, told the court what happened in the search was “akin to things that would happen during a sexual assault”.
While handing down her judgement on Tuesday, Justice Yehia said Meredith “was subjected to particularly humiliating treatment while at a total loss of liberty”.
Per ABC News, Justice Yehia ordered the state to pay $93,000 in compensation and aggravated damages for assault, battery and false imprisonment, as well as for the way the police had conducted the case.
In April, the NSW Government the strip search was “unlawful”. Justice Yehia today said it was shocking police had yet to formally apologise to Meredith for the ordeal.
Following the ruling, Meredith said she hopes the case will bring an “end to the practice of unlawful strip searches”.
“As a patron of many music festivals, Splendour in the Grass 2018 has stuck with me and probably always will due to the inhumane treatment of the NSW Police towards myself,” Meredith shared in a statement.
“I am but one of many whose unfortunate experience at the hands of NSW law enforcement will haunt.
“I can say with absolute honesty that I am glad it’s over. It’s been harrowing and traumatising, yet at the same time I am incredibly proud of myself and my bravery, and the bravery of those whose voices back my own with their stories and experiences.
“Now I would like to see justice for all in the class action. NSW police have admitted fault by me and now need to take ownership for the wrongdoings to the rest of the class.
“Speaking up against authority figures takes guts.
“After all, change was never made by those who stayed silent. I sincerely hope that this case brings an end to the practice of unlawful strip searches and, in the future, police powers are only used in the circumstances intended by parliament.”
Justice Yehia postponed a decision on government penalties until after all class action members had their claims determined, the ABC reports.
However, according to the publication, the NSW government argued it could pay $150 million in damages.
The class action regarding strip searches at NSW music festivals will return to court at a later date.
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