That Arrogant Police Attitude !

Have you ever wondered what would happen if you innocently found yourself in  a confrontation between police and a  criminal in which shots were fired  ?   Suppose you were hit by a stray bullet and suffered an injury ?   You would have an expectation that this would be handled gracefully and sympathetically by the police.

Just such a situation happened to Anne-Marie Petitfile (74) at Hornsby Plaza on June 9, 2016.  Ms Petitfile was buying bread when a knife wielding man began threatening a female senior constable, resulting in her drawing her gun and firing three shots as the man lunged at her.  Ms Petitfile was hit in the left leg by either a bullet or a bullet fragment.

Nearly four years later this matter is being heard in the NSW Supreme Court.  Ms Petitfile is seeking damages from the New South Wales police and they are fighting the claim tooth and nail. Ms Petitfile filed a document claiming she was " ahead of the officer, but at a significant  angle to her right when the shots were fired.  At all material times there was a risk that if the officer discharged her firearm it would result in innocent bystanders being shot ", the document said.

Ms Petitfile says she has suffered and will continue to suffer, loss and damage due to the injury.  She is seeking damages, interest and costs in her claim of negligence and trespass to the person or battery.
In a written defence, lawyers for the state of New South Wales denied negligence or battery had been committed and said the bullet fragment that hit Ms Petitfile was a ricochet.

It is also alleged that the officer was negligent for failing to deploy a Taser or failing to carry one, and failing to use a baton or capsicum spray.  Three shots were fired and the target survived and it was suggested that the officer was not suitably trained to deal with the situation in which she was confronted at Hornsby Plaza.

The state agrees that Ms Petitfile suffered personal injury as a result of the shooting, but did not agree that she would suffer ongoing loss and damage, or that it was liable for the loss.  It also denied negligence. The defendant says the plaintiff's injury occurred in the investigating and/or suppressing a crime and therefore attracts immunity from suit at common law.

The police hold to the maxim that they are never wrong and they fight all claims vigorously in the law courts. The police do a difficult and dangerous job upholding the law but they also show an attitude of arrogance.  Their public image would be better served if they admitted that accidents sometimes happen and cheerfully accepted a reasonable claim for compensation.  There seems little chance of that happening in this case, or at any time in the future !