Ejueyitsi v Commissioner of Police (Western Australia) (No.2)

This matter concerned a claim brought by Mr Ejueyitsi, an African man, against the Commissioner of Police (Western Australia). Mr Ejueyitsi alleged that he had been subjected to unlawful racial discrimination by police officers in relation to traffic offences, the impounding of his vehicles, and his subsequent arrest and search. The proceedings were heard in the District Court of Western Australia.

The central legal issues before the court were whether the actions of the police officers constituted unlawful racial discrimination contrary to the *Racial Discrimination Act 1975* (Cth), and whether the police had acted unlawfully in relation to the alleged traffic offences, the impounding of Mr Ejueyitsi's vehicles, and his arrest and search.

Judge Lucev considered the evidence presented by both parties. The court found that the evidence did not establish that the police officers had acted with any racial bias or discriminatory intent. The decisions to charge Mr Ejueyitsi with driving under suspension, to impound his vehicles, and to arrest and search him were found to be based on reasonable grounds and in accordance with police powers and procedures, rather than any discriminatory motive. The court applied the principles of statutory interpretation to the relevant provisions of the *Racial Discrimination Act 1975* and the *Criminal Investigation Act 2006* (WA), finding no breach of either.

The court dismissed Mr Ejueyitsi's claim.