Ejueyitsi v Commissioner of Police (Western Australia)

The Federal Magistrates Court of Australia dismissed the Commissioner of Police's application for summary dismissal of an action brought by Vincent Barbatunde Ejueyitsi. Ejueyitsi alleged racial discrimination and racially offensive behaviour by the Commissioner of Police in connection with his arrest and the impounding of his vehicles on two occasions. The Court found that the application had reasonable prospects of success and could not be summarily dismissed. The Court noted that the police officers involved in the incidents may have had access to details of Ejueyitsi's race and nationality or ethnic origin while on traffic patrol, and arguably had a discretion not to immediately impound his vehicles, arrest him, or conduct a strip search. These circumstances, along with an alleged statement by one police officer that he would "deal with" the "bloody African," provided sufficient evidence to preclude summary dismissal of the application.

The Court concluded that the application could not be dismissed on the basis that it did not have reasonable prospects of success. The Court will hear the parties regarding costs and further directions.