The Supreme Court of Queensland handed down its decision in Irving v Pfingst (No 2), on Thursday, awarding Indigenous man Terry Irving a total of $130,000 in damages for a malicious prosecution that began in 1993.
The Court found Mr Irving was wrongfully charged by a Queensland Police officer with being an accessory after the fact to robbery; a charge laid without reasonable or probable cause and for the improper purpose of keeping him in custody.
Justice Susan Brown awarded $65,000 in general damages for deprivation of liberty; $45,000 in aggravated damages for humiliation and misuse of power; and $20,000 in exemplary damages to punish the abuse of office. Interest will accrue from 28 September 2011 at two per cent per annum, and the defendants have been ordered to pay 40 per cent of Mr Irving's trial costs.
Mr Irving was arrested in May 1993 and spent 1671 days in prison after being convicted of robbery. The conviction was later overturned by the High Court of Australia in 1997, which found that he had not received a fair trial. The malicious prosecution finding relates specifically to the initial Accessory Charge, which was later withdrawn.
Despite the length and impact of his imprisonment, the damages awarded cover only the first seven days of his detention.
In a statement released after the findings, Mr Irving expressed his disappointment at the limited scope of the judgment and the continued lack of accountability from the State of Queensland:
"Now, more than 12,000 days since my arrest, I stand vindicated before the people of Queensland… Yet, I am still not free from the pain of injustice from the false and wrongful accusations," Mr Irving said.
"No apology has been made. On the advice of the Queensland government's insurer, the State has never apologised to me. It is clear that a denial of liability is valued by the government above ethics, morality, compassion and integrity. However, to all Queenslanders, I wish to apologise for the millions and millions of taxpayer funded dollars our Queensland government has wasted in their unsuccessful attempt to defend the indefensible, in their attempt to deny me justice since 1993."
Mr Irving called on the Queensland Government to release long-suppressed investigative reports, including the Report of Commissioner Perry, and has renewed his plea for the establishment of a Criminal Case Review Commission to prevent future miscarriages of justice.
Mr Irving also noted the award of $20,000 in exemplary damages intended as a deterrent against future misuse and abuse of police powers, including other acts of wrongdoing involved in maliciously prosecuting someone, is "woefully inadequate".
Maurice Blackburn Lawyers Principal Melissa Meyers said it is difficult to reconcile the finding that Mr Irving delayed the progress of proceedings when the judge acknowledged that he had little to no funds and for a long period was reliant on pro bono assistance.
"While the judgment is disappointing and highlights flaws in the law, we welcome the recognition of the harm caused through an award of aggravated and exemplary damages ," Ms Meyers said.
"However, the limited compensation and criticism of Terry's delay—despite his financial hardship—remain troubling, and we urge the government to fairly compensate his full period of wrongful incarceration."
Maurice Blackburn Lawyers said the case stands as "a stark reminder of the enduring human cost of wrongful prosecution and the urgent need for systemic reform".
