Man loses $1.5m claim against cops

A MAN who wanted $1.5 million in damages for assaults he claimed occurred while being arrested twice by police has had his case dismissed and been ordered to pay costs.

Dominic Michael Burke, 36, claimed in the Ipswich District Court a police officer had "king hit" him in an attempt to arrest him after he fled from them with his hands handcuffed behind his back in 2007, and the same officer and another had assaulted him when they arrested him in 2010.

Burke initially called for $1,595808.32 in damages, however, abandoned that claim as it was above the Ipswich District Court's jurisdictional limit of $750,000.

He later put in a claim of $217,622.80.

He was arrested in Fortitude Valley in 2007 after police caught him urinating in public.

He attempted to flee police but was caught and handcuffed.

Burke fled again from the police, running across four lanes of traffic and into an alley.

He was arrested by an officer, who tackled Burke to the ground, which Burke claimed was negligent.

Burke also claimed the officer had king hit him to arrest him.

Burke's nose was broken as a result of the rearrest.

Along with the broken nose, Burke claimed he suffered dental damage and psychological injuries.

In 2010 Burke was at the officer's police station to serve him with the writ of summons to court, when the officer said Burke was wanted for questioning over an unrelated matter.

When he was arrested over the matter, Burke claimed the officers again assaulted him by holding him on the floor and he was unlawfully detained.

Judge Greg Koppenol dismissed all of Burke's claims.

He said he found there was no evidence the officer had punched Burke, and that as Burke had already fled from police once, tackling him was an appropriate way to ensure he was detained.

Burke was ordered to pay costs for the hearing.



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