When a Malayali doctor won a legal battle against the police Down Under

Kerala


Prasannan Ponganamparambile, a doctor with the Department of Rehabilitation Medicine at Latrobe Regional Hospital, Victoria, Australia, was attending a party at home on May 16, 2020, when a friend called his wife, Nisha.

She was told that a screenshot of the local police’s Facebook page, ‘Eyewatch-Cardinina Police Service Area’, was being circulated on WhatsApp, and wondered if the man in the picture was Dr. Prasannan. The post read ‘ID REQUIRED —THEFT IN PAKENHAM’ and Dr. Prasannan was seen in a striped shirt holding a bottle. “The identity of the male picture is wanted in relation to a theft that occurred in Pakenham,” it said. The picture had been taken when Dr. Prasannan, who hails from Thrissur, went to the local bottle shop to buy liquor a month ago.

When he contacted the Pakenham Police Station the next day, he was told to be present there on May 17. Though he reached there on the said date, and informed the police personnel that he was innocent, they reportedly behaved “arrogantly”. He was allowed to meet the police officer concerned only on May 24. When he went to the station that day, along with his wife, daughter, and a lawyer, the police said they were “taking him into custody for questioning”. Dr. Prasannan claims he was locked in the back of a caged police vehicle and forced to sit on its floor. He remained there for five minutes, was stripped of his wrist watch and ID card, and had his fingerprints and photographs taken before being allowed to leave, according to the local media.

The doctor claims he “suffered a loss of dignity” and also faced distress, fear and humiliation. Though the FB post was deleted two days later, it was shared many times and invited racist comments. After he produced valid documents to prove his innocence, the police “exonerated him”.

However, claiming that his reputation and character were sullied after the episode, Dr. Prasannan, a respected physician with over 15 years of medical experience, decided to sue the police for defamation and wrongful imprisonment. The attempt to find the correct legal firm to fight the case and the legal battle took around two years. Finally, the police said they were ready for a “favourable” out-of-court-settlement this month.

According to sources, this is significant because litigation is an expensive affair and favourable outcomes are rare in Australia, especially in Victoria where the police enjoy absolute privileges. On August 17, the police tendered an official apology. Eyewatch-Cardinina Police Service Area said in a Facebook post on August 19 that it regretted “any insinuation” that he was involved in a theft case. They also regretted any distress he suffered as a result of the FB post and his interaction with Victoria Police members.



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