Tostee sues for ‘assault’
GABLE Tostee is suing the state after claiming he was assaulted by police at a Gold Coast convenience store in 2014.
Tostee claims that he was told he was being arrested “for being a d---head’’.
Tostee, who was acquitted last year of killing his Tinder date Warriena Wright, who plunged to her death from his Surfers Paradise high-rise unit in 2014, is seeking damages of $300,000.
Tostee was charged with public nuisance and obstructing a police officer in January 2014 in relation to an incident at a convenience store. He denied the charges, police later offered no evidence and the charges were discontinued.
Tostee’s District Court claim said he went by tuk-tuk to the Lucky 7 convenience store in Ferny Ave, Surfers Paradise, at 2.30am on January 27, 2014.
Tostee claims that Constable Leigh Hurley and Sergeant Stephen Wright arrested him as he was trying to get cash to pay the tuk-tuk driver.
He alleges Constable Hurley told him he was being arrested for being a “d---head” and said: “Do you want me to throw you on the ground?’’
The claim says that, during the arrest, Constable Hurley and Sgt Wright punched Tostee, wrestled him to the ground and sprayed capsicum spray in his face. He was put in the back of a police vehicle and taken to a watchhouse, where he was kept from 3.10am until 8.14am.
Tostee alleges in his claim that the police actions amounted to assault and battery, false imprisonment and deprivation of liberty. Tostee says he suffered dental damage, jaw, wrist, neck and thumb injuries, a fractured toe and post-traumatic stress disorder.
His claim also says that he suffered humiliation, indignity, distress and discomfort; he lost income and earning capacity; had undergone medical treatment and would need further treatment.
Tostee, who sued under his new name of Eric Thomas, is claiming damages for personal injuries, totalling $150,000, as a result of “the torts’’ committed by the police officers. He also claims aggravated damages of $150,000, plus costs. The state has not responded to the claim, filed on November 23.