Queensland Police Sued Over Alleged Racial Discrimination in Rideshare Driver Case

Queensland Police Face Federal Court Action Over Alleged Racial Discrimination

A rideshare driver has initiated legal proceedings against Queensland police, citing alleged racial discrimination during an investigation that led to criminal charges being filed against him. The case centers on offensive remarks captured on body-worn camera footage, where an officer described Indians as "a bunch of fucking perverts."

Details of the Alleged Discrimination

The driver, identified only as Singh to protect his privacy due to the distress caused by the case, was investigated for over a year on charges that were eventually withdrawn. According to his federal court statement of claim, police were aware of the recording containing the derogatory comments throughout the investigation period.

Singh alleges that during the incident on January 26, 2023, in Lawnton north of Brisbane, his requests for a translator and legal representation were ignored by responding officers. He maintains he was on a phone call with his sister in India for 59 minutes prior to police arrival and was merely gesturing animatedly during the conversation.

—

The federal court documents include a transcript from body-worn camera footage capturing one officer telling another about a separate incident involving "a fucking Indian guy" before returning to the Lawnton matter. "Fucking Indians, mate, they are a bunch of fucking perverts," the officer stated, according to the transcript.

Legal Proceedings and Compensation Demands

Singh has filed a lawsuit in federal court alleging police negligence and misfeasance in public office during his year-long prosecution. He is seeking $493,488 in compensation plus additional aggravated and exemplary damages for the alleged discrimination suffered.

In their defense, Queensland police have claimed the recording was made accidentally and denied that any actions by the officers or police prosecutor were motivated by Singh's race, color, or national ethnic origin. They also contested the allegation that Singh was refused access to legal counsel, translation services, or communication with family members.

Following the withdrawal of charges in early 2024, Magistrate Annette Hennessy, who presided over the criminal case, described the officer's remarks as "racist" according to court transcripts. The charges were dismissed after witnesses indicated they did not wish to attend court proceedings.

Impact on the Complainant

In a statement released through his legal team, Singh expressed that his dreams for life in Australia have been shattered by the experience. "I was robbed of all dignity and made to feel dirty and worthless," he stated. "Even after the charges were thrown out, the negative perception against me has remained, and I am completely isolated."

His lawyer, Stewart O'Connell, revealed that Singh faced potential deportation after being forced to abandon his studies due to the financial burden of the prosecution. "It has been soul-destroying for him," O'Connell said. "He came to a country with a reputation for fairness and tolerance but received the opposite."

A Queensland police spokesperson declined to comment on the specific case, citing privacy and legal considerations. The spokesperson emphasized the service's commitment to professional policing and community safety through various programs and ethical training initiatives.

The Guardian's attempt to obtain the body-worn camera footage under Queensland's Right to Information Act was denied on grounds of individual privacy protection and concerns that release might discourage information sharing with police.

Case Background and Progression

The initial complaint stemmed from a resident's claim of witnessing indecent behavior, though the court later heard this witness did not wish to provide evidence. Singh was originally summoned on a charge of wilful exposure, which was upgraded to the more serious indictable offence of "indecent act in any place to which the public are permitted access" by the police prosecutor.

Despite defense requests for discontinuation due to lack of evidence and alleged racial vilification, the case progressed through the magistrates court system for approximately one year before ultimately being withdrawn.