In September the Supreme Court decided in favour of a class action brought in NSW against police for wrongfully arresting and locking up more than 30 young people, most of them indigenous and disadvantaged.
Lawyers from Maurice Blackburn and the Public Interest Advocacy Centre and law believe hundreds of young people may have been unlawfully arrested because of outdated information on the state’s police computer system.
One of them, Einpwy Amon, was wrongfully arrested and detained three times in two weeks by the same police officer.
Mr Amon came to Australia as a refugee from war-torn Sudan with his mother and two siblings. In 2010 he was on bail, but his curfew had been lifted.
The ABC is prevented from reporting his original offence by the Children (Criminal Proceedings) Act 1987 (NSW), but it was not sufficiently serious for him to be sent to juvenile detention.
The day after his curfew was lifted in court, Mr Amon was in Blacktown with his cousins when he was approached by a detective, and later several other police officers.
‘They came up to me they were like, “Einpwy do you have any curfew?”,’ Mr Amon said.
‘We went to the police station and from there they typed up my name and everything and he checked it and in the computer it says you’ve got curfew.’
Mr Amon was sent downstairs to the police cell, and from there he was transferred to a juvenile detention centre overnight. His mother, Ashol Amon, had no idea where her son was.
The next morning he was brought before the court, where the judge promptly agreed that he did not have a curfew, and dismissed him.
Six days later, he was back hanging out with his friends.
‘I was kicking back near the taxi rank again, the same police officer, one of them that was there that arrested me, he is like, “Einpwy what are you doing? You got curfew?” And I am saying no I don’t. And he said you do, and then boom, they arrested me again.’
He was taken back to the police station, charged and transferred to a Cobbham juvenile detention centre overnight, and then brought before the court.
‘The second time when I went to court, the judge was a lady, she was like, “Why are you here? We’re sorry what happened, you shouldn’t even be here.” She even said sorry. I said it’s all right Your Honour, and I got out on bail,’ said Mr Amon.
A week later he was back at his usual hangout when a police officer approached him.
‘It was the same guy too, the same guy three times. And he was like “Einpwy what are you doing?” I was like f**k man, you know? I was angry and I knew the same routine what they were gonna do. And boom, they handcuffed me and [took me] to the police station, they searched me at the cells and then I went to Cobbham again.’
This was the third wrongful arrest and imprisonment by police of Mr Amon in less than two weeks.
His mother could not understand why the police were repeatedly arresting and locking up her son.
Michelle Cohen, a senior solicitor from the Public Interest Advocacy Centre (PIAC), spoke with Ms Amon about her son’s case, which was referred to the PIAC by the Children’s Legal Service.
Ms Cohen had the job of explaining to Ms Amon how this terrible mistake had happened.
‘It’s really difficult to say it's because the computer systems are out of date and even though they're wrongly arrested the first time, they didn't think to correct the problem the second and third time so it kept on happening because of incorrect information,’ said Ms Cohen.
The most difficult part for the family to understand was how the same police officers could repeatedly arrest Mr Amon.
‘The second time when it happened he should have known that Einpwy wasn’t on bail or done some serious checks because he knew what had happened previously,’ said Ms Cohen.
Mr Amon’s repeated wrongful arrests have had a profound impact on the family. His mother believes race and colour have played a part in the incidents, while Mr Amon no longer feels safe in his community.
‘I feel like I'm not in a safe place, because when the police hate the people how can you stay and who will help you?'