Mohamed Zahidul Haque v State of Victoria

[2015] HCASL 158

MOHAMED ZAHIDUL HAQUE

v

STATE OF VICTORIA

[2015] HCASL 158
M76/2015

1. On 9 August 2009, the applicant was involved in a series of events that led to him being arrested on La Trobe Street in Melbourne, placed in handcuffs and taken to a police station.  The applicant commenced proceedings in the County Court of Victoria, claiming damages from the State of Victoria for false imprisonment, assault, battery and defamation.

2. On 5 December 2014, the primary judge (Dyer CCJ) gave judgment for the defendant.  Dyer CCJ held that the applicant was lawfully arrested in accordance with an outstanding warrant of apprehension that had been issued on 16 October 2008, and that in the circumstances it was a reasonable decision for the police officers to place him in handcuffs. His Honour dismissed the applicant's claims for false imprisonment, assault and battery.  His Honour also held that the circumstances of the applicant's arrest could not sustain an action in defamation because any negative imputation that might arise from the way in which the applicant was dealt with was substantially true.  

3. On 4 May 2015, the Court of Appeal of the Supreme Court of Victoria (Osborn and Beach JJA) refused an application for leave to appeal.  Their Honours held that there was no substance in the applicant's contentions that his arrest was unlawful and that the primary judge was not in error in finding that it was reasonable for the police to place the applicant in handcuffs.  As to the applicant's cause of action in defamation, the Court of Appeal held that, once it was established that the application of handcuffs was reasonable, the defamation claim was bound to fail. 

4. The applicant seeks special leave to appeal to this Court.  There is no reason to doubt the correctness of the judgments of the Courts below. An appeal to this Court does not enjoy sufficient prospects of success to warrant a grant of special leave to appeal.  Special leave is refused.

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. 

S.M. Kiefel
15 October 2015 P.A. Keane