Kauthen Legal is assisting a client who spent 14 months on remand for murder, only to be acquitted. He is suing Victoria Police and the State of Victoria for:
- Malicious prosecution; and
- Misfeasance in public office.
While on remand he experienced horrific violence, was denied access to his dying father, was taken in handcuffs to his father's funeral, then prohibited from attending the burial.
He developed a significant psychological injury and now has continual fears that police will arrest him for no reason and throw him back in prison.
The police investigation failed on a number of fronts and lacked impartiality - the police in essence thought they had their man and sought to find and massage facts that fit their case, rather than doing what was fair to our client who made full disclosures during his police interview.
Most disturbingly, the court was mislead at both our client's bail application and at his trial - with no consequences levelled on the police and prosecutor involved. Our client is seeking justice against those state agencies who failed him and did not care what happened to him.
Our client is seeking damages and disciplinary action against the police and prosecutor involved.
ABC journalist Danny Tran has written about our client's story: https://www.abc.net.au/news/2021-04-01/victorian-man-acquitted-of-murder-sues-police/100037592
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