Lawyers Claim NSW Police Punched Hannah Thomas In The Face

Lawyers for former Greens candidate Hannah Thomas are alleging police punched their client in the face during a pro-Palestine protest, resulting in “extensive and serious injury to her eye”.

Lawyers at O’Brien Criminal and Civil Solicitors said on Monday that Thomas will sue the state of New South Wales, and are calling for police to withdraw the two criminal charges against her.

Thomas was arrested along with four others at a picket outside of SEC Plating in Belmore on 27 June, and was injured so seriously that she required emergency surgery, and may permanently lose vision in her right eye.

The 35-year-old was charged with resisting police and refusing or failing to comply with a direction. Police previously tried to invoke rarely used anti-riot laws to charge Thomas, but these were withdrawn after backlash from civil rights groups.

“My office has now viewed all available footage of the incident giving rise to the moments leading to the injury to Ms Thomas’ eye on the 27th of June, and I am satisfied that Ms Thomas was punched in the face by a male police officer, causing extensive and serious injury to her eye,” Peter O’Brien alleged.

“We are further satisfied that Ms Thomas was an innocent victim of gratuitous police brutality and excessive use of force, actions that were completely and entirely unjustifiable.”

NSW assistant police commissioner Brett McFadden told ABC radio he had viewed body-worn camera footage, and denied “any misconduct on behalf of my officers”.

“She was given a move-on direction,” he said. “She [allegedly] failed to comply with that. Attempts were made to arrest her. She resisted and other people became involved. A scuffle ensued and she sustained the injury we believe during the course of that arrest.”

All officers involved in the June protest remain on duty.

Minns called to “step up”

Thomas’ arrest was declared a critical incident, and is undergoing an internal review from police watchdog, the Law Enforcement Conduct Commission.

“Our firm is now furnished with instructions to proceed with a civil claim for compensation against the State of NSW for the actions of the NSW police officers connected to her apprehension, injury, detention, and prosecution,” O’Brien said.

“Torts likely to be pursued against the State include assault and battery, false imprisonment, malicious prosecution, misfeasance in public office, and collateral abuse of process.

“It is noteworthy that this occurred against the backdrop of the State government’s attempt to broaden police powers in relation to public assemblies such that they are arguably contrary to constitutional principles.”

Greens MP and Spokesperson for Justice, Sue Higginson, told CityHub the Minns government anti-protest laws were “a slide too deep into a police state”.

She is calling for the charges against Thomas and the four other protesters to be dropped, and for charges to be pressed against the police officers involved.

Higginson has also demanded Assistant Commissioner McFadden stand down, and for his conduct to be investigated.

“The Premier needs to step up now, in the ordinary course, prosecution processes should be left to run their course, but this one is extraordinary,” she said.

“A member of the community has been assaulted by police and left with potentially life long impairment for simply being present at a lawful and peaceful protest. The Premier must not hide behind such disturbing facts and circumstances”. 

NSW Police are unable to comment on the incident “due to the ongoing critical incident investigation, which is being reviewed by the Professional Standard Command and oversighted by LECC”.