Police visited Megan’s home 153 times in less than two years. Now she is fighting back

Megan* is similar galore Australian women: she is simply a azygous mum raising 3 children successful NSW.

She has besides been visited by constabulary an bonzer 153 times successful 20 months, according to documents filed successful tribunal – but she is not accused of immoderate crime.

Megan* is 1 of 2 mothers who person filed proceedings against the state.

Instead, constabulary were checking connected her 2 young sons, aged 11 and 13 erstwhile the visits started, aft they were charged with being passengers successful a stolen car and released connected bail with a curfew of 5pm to 8am.

In a large trial case, the Public Interest Advocacy Centre has filed Supreme Court proceedings against the authorities of NSW for Megan and a 2nd mother, Joanne*, alleging it was unlawful for constabulary to participate their homes to cheque their teen sons’ compliance with bail conditions without a tribunal order.

PIAC says this amounts to a trespass and is seeking damages for some women.

Megan, who is an Indigenous woman, said they were “too frightened to unfastened the door” but she felt she had nary choice.

In a connection of claim, PIAC alleges 55 of the 153 visits, which spanned August 2021 to April past year, occurred betwixt midnight and 4am and that Megan and her youngest lad “started sleeping successful the loungeroom to debar being disrupted astatine nighttime by constabulary banging connected their chamber window”.

“Sometimes it’s 2 police, but the bulk of the clip it’s implicit four. Over 4 constabulary is precise intimidating,” Megan said.

She said the deficiency of slumber affected her full household and her boys were “struggling to get up to spell to school”.

“I cognize constabulary person got a occupation to do, but I besides person a occupation to do, and that’s to look aft and supply for my young fellas,” Megan said.

“Of people everybody is frightened of the police. They are the law; what they accidental goes, really. I conscionable privation to person them held accountable.”

Under NSW bail laws, a tribunal whitethorn authorise constabulary to behaviour checks to guarantee compliance with bail conditions specified arsenic curfews. But those powers, known arsenic enforcement conditions, whitethorn lone beryllium imposed by a tribunal astatine the petition of the prosecutor.

No enforcement conditions were made successful the lawsuit of Megan’s 2 boys, portion Joanne’s teenage lad had immoderate enforcement conditions imposed but for a constricted time.

A constabulary serviceman whitethorn besides apprehension a idiosyncratic if they judge “on tenable grounds” that they person failed, oregon are astir to fail, to comply with a bail condition.

PIAC alleges “police proceed to participate backstage spot to behaviour bail compliance checks without tribunal authorisation oregon a tenable ground to fishy that a idiosyncratic is successful breach of their bail conditions”.

Of people everybody is frightened of the police. They are the law; what they accidental goes, really.

Jonathon Hunyor, PIAC’s main executive, said the “police look to beryllium playing by their ain rules” and circumventing the “checks and balances” acceptable up successful the bail laws nether which a tribunal indispensable determine whether an enforcement information is tenable and necessary.

“It’s casual for america to ideate that it’s … successful the aforesaid mode that a neighbour tin travel and sound connected your doorway and inquire for a cupful of sugar, but it’s not. It’s radical who transportation guns, with each of the shame and opprobrium that comes with having your household location nether constabulary scrutiny.”

Figures produced successful effect to fund estimates hearings successful 2022 uncover that successful 2021-22, constabulary conducted 26,606 bail compliance checks without a tribunal bid connected radical aged nether 18. Of those checks, 75 per cent oregon 20,182 progressive Aboriginal oregon Torres Strait Islanders.

“It’s highly troubling that the information shows gross over-representation of Aboriginal people,” Hunyor said.

Megan and Joanne are acold from unsocial successful questioning constabulary powers to behaviour bail compliance checks.

“It’s highly troubling that the information shows gross over-representation of Aboriginal people.”

The District Court heard this twelvemonth that Titus Day, erstwhile manager to vocalist Guy Sebastian, had been visited aggregate times by police, sometimes astatine 11pm oregon midnight, arsenic helium awaits trial for allegedly embezzling hundreds of thousands of dollars of Sebastian’s earnings. Day maintains his innocence.

The tribunal heard a curfew was not portion of Day’s bail conditions.

NSW Police was contacted for comment.

*Names changed to support their identities.

with Sarah McPhee

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