Correctional Officer Acquitted After Lawful Restraint of a Prisoner

In 2018 the legal fight for our client, a Corrective Services Officer commenced. After having been stood down for eight months, he was charged with an assault alleged to have taken place in an interview room at one of the many Correctional facilities in Queensland. The alleged assault was said to be when our client restrained a prisoner, after being interviewed by Police.

Notwithstanding the evidence of the prisoner’s conduct from multiple witnesses, justifying the use of force to restrain the prisoner under the Corrective Services Act 2006, our client was charged and prosecuted. This was based upon a downward angle view of our client using a taught restraint technique, albeit in a way that was not exactly how it was shown at the academy. This followed the deleting of CCTV evidence showing several minutes of conduct leading up to the intervention by our client.

It would have justifiably appeared to our client that the investigation and subsequent prosecution over five days was unfair. Mr Sibley of our Firm advocated for our client, representing him at trial and on appeal. He was recently acquitted before Judge Farr of the District Court in Brisbane. His Honour’s reasons for Judgement are yet to be published. However, it remains clear that he should never have been prosecuted.