Schoolteacher wins secret ‘pain and suffering’ payout with taxpayers also to foot her $66,000 legal bill “ A MALVERN mum has won a secret payout for being unlawfully assaulted, handcuffed and imprisoned and maliciously prosecuted by police after refusing a “move on” order. As well as paying substantial compensation to Kristine Roose for her “pain and suffering”, taxpayers will also pay her $66,000 legal bill. The Lysterfield Primary School teacher, whose surname was Duthil at the time of the incident, said she was accosted by two officers without warning after refusing to leave a well-lit area outside a pub as she waited for her ride home. The now 38-year-old said despite being sober, she was handcuffed, dragged across asphalt, with her dress rising up and exposing her underwear, and forcefully thrown into a police van and held for 20 minutes. Ms Roose said three young women waiting with her were threatened with capsicum spray when they tried to help. Magistrate Susan Armour acquitted Ms Roose of all charges in March 2015, saying she did not appear drunk or stumble at any time, was not aggressive or quarrelsome and had a “reasonable excuse” for staying in the area. Victoria Police refused to say if the two officers involved in the incident, then Senior Constable Brett Hudson and Constable Augustino Nguyen, were still serving or had been disciplined or counselled. The force declined to explain why it chose to settle after a court date was set, or why it wanted the payout kept secret. Ms Roose had attended a cousin’s 21st birthday party with her mother and three-year-old daughter where she said she drank two or three small plastic glasses of sparkling wine over four hours before going to the Stamford Inn at Rowville with seven younger relatives and friends. When told to move on, Ms Roose said she told the officer they were waiting for a ride and would not leave the well-lit area due to concerns about their safety if they did. The incident occurred shortly after 3am on a Sunday morning in October 2013. After offering to undergo a breath test and refusing a second order to move, Ms Roose says she heard Sen-Constable Hudson say words to the effect of “cuff her” before she was grabbed by the arm and pushed to the ground. Ms Roose was released when her uncle arrived, and was told she would be posted a penalty notice for being drunk and disorderly. After she lodged a complaint with IBAC, the infringement was withdrawn in November, 2013. But in March 2014, Sen-Constable Hudson charged her with being drunk, refusing to leave when asked and resisting a police officer. She said that when she refused to plead guilty, three more charges, including being quarrelsome, were added. ” Continue reading... http://www.heraldsun.com.au/news/la...l/news-story/6ca1b6dd276902ef31f29a2b91ae6e6a
